The herald and news. (Newberry S.C.) 1903-1937, June 13, 1913, Page SEVEN, Image 7
NEWSPAPER PUBLICITY
m- LAW YALII)
EI So Declared in D?eision by Land's
V Highest Court?Unanimous Opin V
ion Announced by Chief
Justice White.
Washington, Junp 10.?The validity
( of the "newspaper puDiicny iaw, cuW
acted in 1912 as a provision of the
Postal Appropriatior act, was upheld
I today by unanimous decision of the
supreme court of the United States.
Chief Justice White announced the
court's conclusions.
The law requires svery newspaper,
magazine or other publication to file
' ^^semi-annually, with the postmaster
Bkieral and the local postmaster, a
vJ sworn statement of the names of the
Is editors, managers, owners, stockhold"
ers and bondholders, and in the case
of daily newspapers of the average
^ daily circulation. Publication of these
{? romn'roH and for affil?
S LiiLtJIIitJii l-S is isyuijvv., ?
ure to comply with <\ny of the provisions
the publication shall be denied
the "r.rivilege of the mail." A s~ck
ond paragraph provides that paid for
I editorial or reading matter of any
A "such" publication shall be marked
jgL "advertisement" under penalty of a
fine or imprisonment,
lip? Contention of Protestants.
About 88 per cent of the newspaJ;T
' pers already have complied with the
>cS' law, many under protest. The Lewis
Y Publishing company and the Journal
1 of Commerce and Commercial BulleAf_
iod fhp attack uoon
1111, U1 iXCIV i *?., X- * ?
r the statute, bringing suits for injunction
in the Federal District Court of
L Southern New York. When the law
B was upheld the~e they appealed :o the
R highest court, they claimed that the
HBfc law sought to "regulate journalism"
^ and !to enforce a censorship of the
> press.
^ In reply former Solicitor General
Bullitt contended that, notwithstanding
a division of the provision into
two typographical paragraphs by the
senate, after the measure was passed
by the^hcuse, the law was only one
paragraph, imposing conditions upon
the use of the lew second class mail
b rates accorded newspapers and mag
flzines.
I Court Sustains Bnllitt.
The supreme court today adopted
Mr. Bullitt's interpretation. The use
in the act of the word "entered," a
technical word employed only as to
second class mail matter, showed,
Chief Justice White held, that congress
in passing the law had in mind
only -the second class mail and not
the right to use the mail as a whole.
The use of the words "privileges of
the mail," the chief justice took to
? be a positive reference to the second
class of mail because of the great
advantage newspapers were granted
under the econd class over other
classes of l \il, in order "to promote
i the "dissemination rf current intelli&
gence." He said congress did not
A intend to exclude papers not complywL
ing with the provisions from the use
IL of the mail, other than the second
Frme secona paragrapn, il was explained,
was but a part of the first,
as shown by the use of the word
"ruch," an additional penalty being
prescribed for administrative reasons
cnly.
Discusses Right of Congress,
The legislative hif^ory of the provision,
the chief justice declared, upi
held the interpretation of the words
V } given by the court. After interpreting
tfce decision as imposing condi
tions upon the use ot the second class
mail, the chief justice proceeded to
discuss "why congress had the right
to impose such conditions.
A study of postal laws from colofc
mial days to the present, he said, showed
a persistent adhesion to a policy
B of discrimination in favor of newspa!
pers in the mails. He quoted Mr.
Bullitt as stating letter mail was subB
ject-ed to a charge of 80 times higher
~ than newspapers, and that letter mail
" produced an annual profit of seventy
+V? r\ ATtrcnnriaY* olocc
iliiiiiuiis, tviiiir mw v/itiow
entailed a seventy million dollar loss
on the government.
I As a further discrimination, he said,
I individuals must pay a higher rate
for mailing newspapers than the publishers
or news agencies.
Says Conditions Sot Arbitrary.
In return for this discrimination,
the chief justice declared congress
had the right to fix the standard to
be met by those who wished to enjoy
the privileges. As far back as 1887
rules were promulgated for those who
desired to enjoy the privilege of the
cheap rates.
He suggested that the court could
I not hring its mind to the conclusion
; that the newspaper attorneys were
assailing a classification of mails
with certain conditions attached to
some classes, as an interference with
the freedom of the press, when fo:r
a long series of years, legislation had
I
especially favored the press to its
pecuniar\ benefit by classification.
The conclusion reached was; that the
conditions exacted v-ere incidental to
r
the privileges conferred upon the
\T-nva ,nr>+ c " 'hitrn TV i
lit;? syajjci s anu .
PRESIDENT >0T YET ELECTED I
Bean Moore Acting Head of South j
Carolina University.
Columbia, June 10.?Election of a
president to succeed Dr. S. C. Mitchell
resigned, was deferred bv the board
.
i of trustees of the University of South
'Carolina, when it met here .today.
I Prof. A. C. Moore, dean, was made
acting president, pending the choice
nf o enrrpcisnr tn Dr Mitchell, at the
[president's salary of $3,500. Every
'member of the board was present.
Ex officio members are Governor C.
L. Blease, Senator Huger Sinkler and
' Dr. C. T. Wvche, of 'the house of representatives,
and John E. Swearingen,
! State superintendent of education.
| Elective members are C. E. Spencer,
'of Yorkville; W. T. C. Bates, of St.
j
!Matthews; J. Q. Davis, of Winnsboro;
D. R. Coker, of Hartsville; August
;Kohn, of Columbia; P. A. Wilcox, of :
! Florence, and W. M. Hamer, of Dillon.
Ml
PRESIDENT APPOINTS GALLOWAY
| South Carolina Man Named as Civil
Service Commissioner.
Washington, D. C., June 10.?
! Charles M. Galloway, of South Caro!
lina, who is private secretary to Senator
E. D. Smith, and who stands high
'in the favor of Democratic senators
1 generally, was today nominated by
President Wilson as a member of the
civil service commission.
| President Wilson *lso nominated H.
! W. Craven, of Washington State, retaining
only John 4.. Mcllhenny, of
the present commission. It is not yet
known who will be chairman of the
new commission.
The only South Carolinians that
j have ever served on the commission
, hertofore were Ex-^kjvernor Hugh S.
, Thompson and Wm. L. Trenholm, of
Charleston.
Mr. Galloway is a native of North
Carolina, and a newspaper man, having
been connected with the Columbia State
for thirteen years. He is a
j Democrat and became secretary to
I Senator Smith, of South Carolina, in
f i
11909, and has since held that posi
jtion and the clerkship or tne senate
committee on immigration.
Herman W. Craven, the other civil
service commissioner appointed to,
day, is a republican. He is a lawyer
1 of 'Seattle, Wash., %nd has held no
| public offices in the past. Mr. Craven's
selection is said to have been a
! pesronal choice of Mr. Wilson.
iMOORE DEFIES MILITARY BOARD
Adintant General Savs He'll Seek In
I- - junction.?Places
For Encampments.
Columbia, June 10.?A fight between
Adjt. Gen. Moore and the majority of
i the members of the military board,
j composed of Governor Blease, Gen.
Wilie Jones and Col. Julius E. Cogs-j
well, was staged tonight, when the j
adjutant general declared that he
would seek to prevent by an injunction
from the courts the carrying out
of the order of the board to pay the
Allotment pf $225 of th* military funds
to Company B, 1st Infantry, of Liberty
Hill. This amount, due the company
for 1912, had been held up by
the adjutant general because of the
failure of the Liberty Hill company
to come up to the requirements of
" - ?- JL?J. XT 11
the law, ana over ms protest, tut? military
board ordered tt paid.
N. S. Richards is Khe captain of the
Liberty Hill company, he having succeeded
his brother, Railroad Commisr
sioner John G. Richards, Jr., a few j
years ago. Over the protest of Adjt. j
Gen. Moore the military board late
this afternoon ordered the allotment
of the military fu"\ds belonging to
j Company B, 1st infantry, of Liberty
Hill, paid, this amounting to $225.
Adjutant General's Attitude.
This allotment had been held up
i by the adjutant general because, as
: he stated, the plan *\f distributing the
money pro rata among the forty mem- '
bers of the compa/ny was illegal, the j
appropriation being for maintenance.
Capt. N. S. Richards, of this company, 1
reported that $12 of the amount would
go for armory rent, and the balancebe
paid out to the members, which
the adjutant general held to be rille!
gal, and an opinion of the attorney i
general held that the proposed plan \
of distribution was illegal. The com- 1
pany also fail-ed to show the required !
160 per cent of attendance of its mem-!
i
ihers on all drills, a.* required by the
j military code, its report for the past
; year showing only 50 per cent.
The military board, by a vote of 3
jto 1, ordered the money paid, those
voting aye b?ing: Governor Blease,
Gen. Wilie Jongs, and Col. Cogswell
and Adjt. Gen. Moore, voting nay. Col.
0. W. Babb, ihe other member, was
excused from voting, he being the
assistant adjutant general.
Gen. Moore stated tonight that he
would refuse to sign any warrant for
the money for this company because
it was illegal, and that he would take j
out an injunction to nr-event the corap- j
troll-er general paying it out.
Encampment Places and Dates.
The 3d regiment of the National
guard will encamp a: Aiken from
July 17 to 26, instead of at Anderson,
the 1st regiment will encamp at Anderson
from July 2? to 30r instead of
at Aiken, and the 2nd regiment will
encamp on the Stat* rifle range, near
Columbia, July 29 to August 7, these
dates being agreed on at-a conference
between Cols. J. E. Cogewell, W. W.
Lewis and Capt. A. E. Legare, representing
Col. Lipscomb, of the 2nd regiment,
subject to the approval of Governor
Blease.
Col. Julitis E. Cogswell, of the 3rd
regiment, on being asked about the
1 . i
change of the place of encampment
from Anderson to Aiken, said that
both places were perfectly satisfactory
to him. The changes were made
because it means a saving jn -expendi- j
ture.
DR. WHITFORD M DU>~CA>' DEAD
Was Presiding Elder of Colombia
District of Methodist Church.
I
Columbia, June 9 --The Rev. White-1
ford M. Dnncan, D. D., presiding eld-!
er of the Columbia district of the
Methodist church, passed away at his
home in this city this omorning, after
a lingering illness. Th^e funeral services
will take place tomorrow afternoon
at 4.30 o'clcok, in "Washington
Street Methodist church, and the remains
will be int-erred in the church
vqH ppmeterv.
J U1 \A ~ - Dr.
Duncan was widely known over
South Carolina, having served various
parts of the State, and was loved
and esteemed by the people wherever
he lived. His death will cause grief
to thousands in the State. He was a
native of North Carolina.
A wife and s-everal children survive.
BUMPER WHEAT CROP IX SIGHT
Government Estimte Points to Rec"? <'
ViVW nf Crain.
V*U jlavau V? vn?vv>
Wasoington, June 9.?A burner
wheat crop, sufficient to mill more
than 16,500,000 barrels of flour, and
which may reach the proportions of
the record wheat harvest of 1901, if
conditions from, now on are exceptionally
favorable, was forecast today
by th'e department of agriculture in
its June crop report.
Government experts estimated this
V> o rvoc f wnnlri hp 744.000.000
vcai o nai T u ?? ^ _
bushels, of which 492,000,000 bushels
will be winter wh^at?a record for
this crop, and 252,000,000 bushels
wheat.
j An increase of more than ? per
jcent of last year's acreage was plantj
ed to oats this year, but the condition l
! of this crop 0:2 June- 1 was below the
i ten-year average, and officials estimate
the production will be 1,104,000,000
bushels, or more than 300,000,000
bushels below last wear's harvest,
j The department of agriculture today
announced its June reports as
follows:
j Spring wheat: Area,' 18,663,000
acres; condition, 93.5 per cent of a
normal; indicated yield, 13.5 bushels
nor a ore* -estimated total production,
Jfc"-* ? J
252,000,000 bushels. ,
Winter wheat: Condition, 83 per
cent; indicated yield, L5.9 bushels i
per acre; production, 492,000,000 ,
bushels.
All wheat: Area, 49,601,000; condition,
87.2 per cent; yield, 15 bushels
per acre; production 744,000,000
bushels. ]
Oats: Area, 38,341,000 acres; con
- - O o 1 "U | '
dition, 87 per cent; yield, zs.z dusuels
per acre; production, 1,104,000,000
bushels.
Barley: Area, 2,555,000 acres; con- '
dition, 87.1 per cent; yield, 24.4 bush-;'
els per acre; production, 177,000,000 1
bushels.
Rye: Condition, 90.9 per cent; yield
16.5 bushels per acre.
Hay: Condition, 87.5 per cent; pas
tures' condition, 89.2 per cent. ,
TO RAISE MORE FOR THE NATION 1
I
Underwood Bill, With Income Tax, :is
$347,000,000.?Ad Yalorem Oe- .
crease. j
1
Washington, June 9.?A table pre- 1
pared by the senate finance commi.t- ]
tee showing comparative figures based on
the Underwood tariff bill and the j
present tariff law, shows the average i
ad valorem rate in <the proposed law ,?
to be ?2.99 per ceDt? as against 43.64 \
Ti ^.-11. U
n tens you 11
phone line w:
same high-cla;
now enjoyed 1
If you ha
tell you how
You do not ol
Address n<
r
SOUTHERN
AND TELE
I 163|So
*?
per cent, under the Payne-Aldrich
bill.
The estimated ^oss of revenue
through the augmented free list in
the Underwood bill would be $24,71S.329
on an import valuation of
$102,534,566. Revenue under the proposed
bill, exclusive of the income
tax, is estimated at $26^,701,130, as
compared with $304,216,694, under the
present rates.
With the income t&x revenue estimated
at approximately $80,000,000
rVio tntfli rpvenne under the propos
ed bill would aggregate about $347,000,000.
In the sundries schedule, wherein
the Democrats hav* added many articles
not heretofore taxed or have
increased rates on luxuries, the ad
valorem equivalent <sihows an increase
over the Payne-Aldrich rates from
24.72 per cent., to 33.26 and the estimated
revenue fro^o. this schedule is
raised from $27,000,000 to' approximately
$60,000,000.
Will Cut Wool Revenue.
^.Wool revenue, it % estimated, will
^o?T.coea frnm 597 0(10.000 to $13,
vA i ^ U. O V_/ X JL V/ 111 Y art j V ?v J V V <. _ I ^
000,000. The sugar revenue will decrease
at the rate of $20,000,000 a
year until sugar go^ on the free list
in three years.
Majority members of the senate
finance committee will meet tomorrow
to prepare the measure for the Democratic
caucus next week.
Senator Simmons, chairman of the
committee, said two of the subcommittees
would not be able to report
fully for several days, as each has
several propositions duuuui w
majority members for advice. These
include questions relating to the income
tax, administrative features and j
whether certain duties on the silk |
schedule. should be specific instead of
ad valorem.
Duty on Cattle.
~1 +"hfl oiihr>nmmittpfi
llie piupv/sai ui exit ?
in charge of the agricultural chedule
to put a countervailing duty on
live stock, grains, meats and flour also
will be discussed by the majority j
members. With these products on the
free list, subject tn countervailing
duties, cattle from Canada would be
iutiable at from 22 1-2 to 25 per cent,
ad valorem, a sum ec^ual to the Ca- |
nadiaii tax on cattle; meats would be
dutiable at 2 1-2 to 3 cents a pound;
wheat 10 to 12 cents a bushel; oats j
and rye, 9 to 10 cents a bushel; flour,
50 to 60 cents a barrel; rye flour, 45
to 50 cents a barrel; oatmeal, 50 to
60 cents a barrel.
Senator Simmons estimates that
the majority members will be at least
> nnnfiiMnrinir tVio Till!
X W CCA. tUUOlUCiiXlg
To protect the city of New York
against the operation of a proposed
income tax, where it might fall upon
the city's interest ip. the -earnings of
the Interborough Rapid- Transit company,
Camptroller Matthewson and
A.crt.ing Corporation Counsel Hohle of
Kew York have suggested important
amendments to the income tax provision.
One amendment would mate it
Farmer
^itis
sk for It Today-A 1
ow you may conne
ith the Bell systerr
ss local and long d
by more than 5,00<
ven't a Telephone
to get service at v<
bligate yourself by
iarest Bell Telephone M
armers' Line Departmen
/
V
BELL TELEPH
GRAPH COMP
uth PryorSt., Atlanta, Ga. ^
\
NOTICE OF ELECTION. j
Pursuant to the authority of an Act
entitled "an Act relating to Newberry
Rnhnnl District" aonroved the- 27th
day of February, 1913, and resolutions
of the Trustees of Newberry School
District passed in pursuance of said
Act, an election will be held at the
Council Chambers in the Town of
Newberry on the 24th day of June,
1913, between the hours of Eight
o'clock in the forenoon and four
o'clock in the afternoon, on the question
of levying an additional tax of
one mill on the taxable property in
said School District, to be used for
improvement and repairs. Those
! voting for said additional levy shall
cast a ballot whereon shall be writ'
ten or printed the words" For special
I le\*v". and those onnosed a ballot
whereon shall be written or printed
"Against special levy". The qualified
electors of said School District alone
pre entitled to vote at said election.
Said election will be conducted by
Tas. M. Bowers, Alex Welch' and J.
A. T.indsey, who have been appoints"
managers to conduct the same.
J. M Davis,
Chairman,
W. G. Mayes,
L. W. Floyd,
W. A. McSwain,
W. S. Langford.
Trustees Newberry School District
5-23-St
Guaranteed Eczema Remedy.
The constant itching, burning, redness,
rash and disagreeable effects of
eczema, tetter, salt rheum, itch, piles
and irritating skin eruptions can be j
readily cured and the skin made clear
and smooth with Dr. Hobson's Ecze|ma
Ointment. Mr. J C. Evelad,
of Bath, 111., 6ays: "I had eczema
twenty-five years and had tried everything.
All failed. When I found Dr.
Hobson's Eczema Ointment I found
a cure." This ointment is the formula
of a physician and has been in
use for years?not an experiment
I That is why we can guarantee it. All
druggists, or by mail. , Price 50c.
Pfeiffer Chemical C-Q., Philadelphia
and St. Louis.
clear that incomes of States or municipalities
can not. be taxed. The
other would exempt earning of any
private corporation when the operation
of the income tax would result
in a loss to a Staf?, county or city.
I Teachers in Phillippines.
'New Orleans Picayune.
| Eighty-five American teachers left
San Francisco recently to enter the
Philippine teaching service. They
were elected from a large eligible list,
and nearly every state in the Union
was represented. They are under a
two-year contract, or on probation to
determine their qualifications, although
the average term of service of |
American teachers in the Philippines
is six years. There are 700 positions
occupied by American teachers and
nearly $3,500,000 is expended annually
on the schools in the Philippines.
Needs
Free
Postal Will Do
ret your Telei,
and get the .
istance service
),000 people.
this book will
om oil
y oinaii cv/ou
sending for it.
anager, or
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ANY |AJ
Barbecue Notice.
W-e w"l give a first class barbecue
at Koitts Grove on Juiy 24. A good Cinuer
is guaranteed.
R M Snber.
0. A. Felker.
We, the undersigned, will give a barbecue
in front of J. P. Wicker's, No. 2
township, on the second Saturday in
July.
H. M. Wicker.
J. P. Wicker.
I will give a first class barbecue at
my residence at the late J. A. Cromer's
home place, on Saturday, August
9. Dinner 35 and 45 cents. Enjoyment
for .young people guaranteed.
J. A. Felker.
Barbecue Meat and Hash.
I will have at my store Saturday,
May 31, barbecue meat and hash for
sale at 11 o'clock. No dinner will be
semd. All for sale.
G. W. Kinard,
Prosperity, S. C.
Barbecue at Pomaria.
There will be a barbecue at Pomaria
July 4th for the benefit of the Lutheran
church. Refreshments will be
served on the grounds. There will
be speeches, baseball and other attractions.
Dinner 40 and 50 cents.
BAHBE CUE.
I -will give a first class barbecue at
my residence on July 4. Will Bell
meat and hash. 11.30.
J. M. Counts.
No. 666
This it a prescription prepared especially
for MALARIA or CHILLS & FEVER.
Five or six doses will break any esse, and
if taken then as a tonic the Fever will not
return. It acts on the liver better than
Calomel and does not gripe or sicken. 25c
" %
STATE OF SOUTH CAROLINA,
County of Newberry.
? ? - ' 1
By C. C. scnumperi, esquire, riuuaio
Judge.
Whereas, T. W. Folk and C. M.
Folk hath made suit to me, to grant
them Letters of Administration of the
Estate and effects of H. H. Folk
These are therefore to cite and ad|
monish 'all and singuar the kindred
i and creditors of the said H. H. Folk,
j deceased, that they be and appear before
me, in the Court of Probate, to
j be held at Newberry, S. C., on the 18th
day of June next after publication
thereof, at 11 o'clock in the forenoon,
to show cause, if any they have, why
the said Administration should not be
granted.
Given under my hand, this 31st day
of May, Anno Domini, 1913.
C. C. Schumpert,
J. P. N. U.
Cures Old Sores, Otter Remedies Won't Cure.
The worst cases, no matter of how Ion sr standing,
are cured by the wonderful, old reliable Dr.
Porter's Antiseptic Healing Oil. It relieves
Pain and ^ y~~ 25c. 50c, $1.00
"Is she a member of the divorce
/wOrm-u-r' "Y??! undergraduate/*
VWVm; ? ~ ? J ? w a
1
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