The herald and news. (Newberry S.C.) 1903-1937, July 27, 1915, Page SIX, Image 6
LYON IS KEJEdiD
itf SUh COUNSEL
ASSISTANT A1T0R>EY GENERAL
.<;.;JE(TS TO PAKTiCP.L7!0S.
Sustained b> Court?The Proceedings
A T;Ji- i'AVtintL^WUt u
.'teaill^i A "A V AS.v Ui u
k*y Associate Justice.
TiiC )5i3.t0.
Laurens, July 22?The .injunction
proctedings in the cases of People's
bank of Greenville, tne National Loan
and Exchange bank of Greenwood and
W. T. Bailey of Greenwood against
the State tax commission, heard i:ere
this afternoon before Associate Justice
R. C. Watts, tock a rather sensational
turn when Assistant Attorney General
Dominick objected to the association
in the case of J. Fraser Lyon, emhi*
tSo ortvemnr and thp chair
W.I 1-.V oW '
man of the tax commission, without
consulting t! e attorney general's of.fice.
The court sustained the position of
the attorney general and Mr. Lyon
took no further part in the proceed%
ings.
The attorney for the complainants
and the assistant attorney general presented
voluminous arguments for and
against the issuance of the injunction.
Judge Watts took the matter under
advisement ?.nd stated that e would
band down his order as soon as practicable,
intima+ing that it would be
done within a few days. The complainants
were represented by F. B.
Grier of Greenwood and T. P. Cothran
Oi Greenville. Mr. Dcminick app?ared
for the State.
The incident of Mr. Lyon's elimination
from the case at this time was
the more dramatic because of its sud
denness. Mr. Lyon lb ad apprised the
court of his commission in a few words
when the assistant attorney genera]
abruptly arose and made objection tc
the appearance of the special attorney
in the case on the ground of lack ol
legal authority and the embarrassmeni
it might cause the State's interest. Mr
Dominick made the point fl-at it was
nrprnsrativp of the attorney sen
eral's office to conduct the case ana
that outside legal services could be
procured only upon the consent of that
department. (Mr. Dominick stated thai
the department had been employed in
a ?tudy of the case and it was full}
prepared to make the answer. Furthermore,
he said, the attorney gen-eral's
office was not in possession oi
the points that the special attornej
might raise and that without this
knowledge ! e w.vuld not be willing tc
r:?k the State's interest.
In making his ruling on the case
Justice Watts cited the law that the
attorney general's office was empowered
to employ assistance whenever
1:he occasion warranted and that with
out specific authority elsewhere it was
the sole prerogative of the attorney
general to employ help. Mr. LyoE
thereupon raised the point of tJ.e special
fund of $2,000 appropriated by th?
last general assembly for legal services
to be o-pended by the governor
but Justice Vatts was not impressed
by this contention. Mr. Lyon made a
request of the presiding judge that ir
writing -:ne oruer in me case men urn.
be made that he had appeared tf:er
as the representative of the^ tax commission
and the governor. Mr. Dominick
requested that it also he includec
in the order that the attorney general's
office i':ad not been consulted
about the matter, Mr. Lyon arose and
stated that in justice to himself he
wished to have it included that Mr
. Jmes, the tax commission chairman
in ^retaining i.im had informed him
that 'fhe attorney general's office had
been consulted. Mr. Dominick replied
pointedly that Mr. Jones had not requested
that Mr. Lyon be employed.
' There was a dramatic silence followed
shortly afterwards by a further statement
frnm \fr 'nnmiTjift that hotf.1 the
"governor and the chairman of the tax
' commission had, been in his office and
'fcaE asked his opinion as to the out*C0Qie
of the case, but had not made
any request for legal assistance. Mr.
Lyon's name had been mentioned, ibe
said, as having been consulted about
tLe merits of the case, but he unequivocally
declared that no request had
l)een made of the attorney general's
office to engage Mr. Lyon in the case,
Repeated references were made in tne
tilt about factional and political differences.
iMr. Lyon stated that he was
acting only in a legal capacity and
-was appearing upon wfaat he considered
proper legal authority and thai
tiis appearance in the case was nol
prompted by any potential or political
considerations.
The hearing of the case was not con
- ?Lit - r
<ciuaea unui < v viu^n.
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Yoor druggist will refund money if PAZC
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Blind, Bleeding or ProtrucHrg Piles in 6 to 14 days
The first application give - Ease aud R-.-bt. ;'
NOTES TO BrJIiAN
NEXT MOVE BY U. S.
i ENGLAND >TI ST RESPECT RIGHTS
OF AMERICANS OX HIKH SEAS.
{
> First Communicatim .Will. Take Up
interference With Cotton and
Beef Cargoes.
i
I News and Courier.
Washington, July 23.?According to
; the best information which can be
obtained, it is the intention of the
. !
president and Secretary Lansing to:
take up with Great Britain immediate- i
, i
1 v flff-pr the disnat.nh nf fc.p third note
I ' I
tf; Germany tae question of British in- ]
: terference with the sea rights of the
: United States as a neutral power.
Promises are understood to have
[been definitely given that the grievances
of t e beef exporters and the j
cotton exporters shall be called em
phatically to the attention of the Brit|
ish government as soon as this second
rejoinder to the Germans is "out of
! 'he way." This is taken to mean that
! tho fnrmal renewal of t!:e discussion
| with Britain will take place within the
i next fortnight.
I The present plan is said to be that
I there shall be addressed to Great Brit-,
j ain, first of all, a note specifically com- j
I plaining of certain courses of her adi
miralty, with regard to cargoes of
| American beef and cotton. T':is note
| will be followed by a general protest
I from this government against the va- j
<
rious particulars in which the cele-,
brated "order in council" of last
spring encroaches upon the rights of
' neutral nations to the use of the seas.
The general protest is oenevea to De
ready for delivery, having bee'n writ1
ten tentatively some weeks ago; but
' t'-e president and r?lr. Lansing are in1
clined to let it follow the contemplated
1 separate protests against interference
with cotton and meat exports.
> Ambassador Spring-Rice has recently
made urgent representations to his
Vvr> ^tricoKln
1 government iiiui 11 wuuiu uc au?waun.
to reach a better understanding with!
this country in such matters, because
' serious feeling is being created by
what is regarded by Americans as il'
legal and arbitrary hampering of our
; commerce.
Sharp Work All Around.
Information ' as come to the state
r department, in such a way that it is
impressed with the seriousness of the
charge, that seme of the -American
? cotton which has been seized by the
Britisi; authorities on the high seas,
. and carried to British ports is being
, re-exported to neutral countries in
turope. .
That is to say, instead of this cot?
ton's reaching its destination as the
shipment of an American merchant, it
. gets there as the shipment of a British
merchant. T. e state department has
, either informed the British authorities,
, or is about to inform them, that this
, is all very kind, but we prefer to do
our own exporting of cotton.
> Another interesting rumor is that
German merchants are providing
against the future by purchasing and j
I storing in the United States large j
t quantities of cotton for use after the j
t war, in oraer tnat tne manuiaciurers
! of Germany shall not be at the mercy
> of the market when it bounds upward
with the restoration of peace.
The Germans fear an effort on the
[ part of England to corner the world's
floating srock of the white staple, and
I point to the suggestion in .English
[ newspapers that the entire forthcom,
ing crop of the United States be purchased,
so far as available, by the
BritisL: government. So far as can be
ascertained, there is r.ot more reason
i to believe thp.t this suggestion will
i come to anything than there is to be*
v J Or\Tl _
neve tnai me i^mccu ouics nUUiu |
sent to the proposition that Britain
should fix an arbitrary total of cotton
wV:ich may be imported by each of
, the neutral nations of Europe. Reports
have been printed that the exporters
of this country had themselves been
perfecting an arrangement of this sort
with the British authorities, but the
imformation obtained in well-informed
quarters in Washington is that there
is nothing in this story.
. Avoiding Sidetrack or Compromise.
The general public is by this time
, pretty familiar with t)-e fact that when
the second note to Germany was dc?
ing formulated there was a sharp difference
of opinion as to the advisabil.
ity of dispatching a protest simulta,
neously to Great Britain against British
interference with American sea
, rights.
, It will 'be observed that the adminI
istration lhas steadily turned down all
suggestions of compromise to our
rights on the seas, no matter from
what source they have come. To have
yielded in any respect to suggestions
I from Germany affecting our sea rights
'r j under international law would have
" ? - ? J
? put us automatically aim uucro(jay<j.uijr
in the position of having to make similar
or equivalent concessions to Great
> Britain- and once once a proceeding
* ' ~ i
became established it would continue
t until it bccame an endless chain, and^
| ?ve shou d have no sea rights at all.
in particulars tne a.irmniotraill
.. o v.c;:r ;e may Lave changed a bit
niui t.'oce to time in this perplexing
international situation. In one thing
u nas never veered or varied a hair's
; urea.^t , and . 'hat Is In rerusing to
; agree to the relinquishment of a jot of
~i:y ie^al entitlement cf tae 1'niied
l states as a neutral nation.
i K. Foster Murray.
1 ANARCHY REIGNS
IN MEXICO CITY
Wireless Report Declares Conditions
Have Grown More Desperate in
Past Few Days.
Mexico City, July 17.?(By wireles3
to .\ew urieans, Juiy Z6.)?Lonaiuons
in the Mexican capital have become
more desperate in the last few days
and a state of anarchy reigns here.!
There his been much rioting and footing
of stores inside ti e city. Prospects
for the relief of half a million
people are indefinite. The attempts ot
Carranza's army to hold the capital
have collapsed.
The isolated foreigners ot an nationalities
have issued an a^eal to the
United States for relief in the desperate
situation. Food and even water
and lig: t virtually are unobtainable
and starvation among the population
of the city is growing. Money is practically
worthless, because of the inability
of the inhabitants to purchase
food and other necessities nere. ;
i
The foregoing was dispatc: ed from
Mexico City on the eve of the Carrarra
evacuation and just before the
Zapata forces .reoccupied the capital. ,
i
Deep Concern Over Mexican Situation.
Washington. July 23.?With communication
with Mexico City cut for five
days since the reoccupation by Zapata
forces, and with agents I'ere of the
Mexican factions in ignorance of military
operations, the Mexican situation
today again began to assume an
air of tension.
Somewhere in the neighborhood of
Pachuca, northwest of the Capital,
Gen. Pablo Gonzales' Carranza army
is believed to be battling with tJ: e Villa
"flying column," whose swoop down
from the north caused him to abandon
Mexico City. Cutting of cables and
telegraph, wires has drawn a veil over
this whole section.
President iWllson r today conferred
with Red Cross officials and listened
witL interest to reports that the Red
Cross had been hampered in its effort
to extend relief to tae needy civilian
population of Mexico. The president
told Brig. Gen. Devol, general
manager of the Red Cross; Ernest P.
RiVi-noii if-? dirpntnr and Miss Mabel
T. Boardinan, not to be discouraged by
handicaps and to k?ep up the relief
work, getting supplies into Mexico City
wherever they could.
P litical aspects of the situation
?vere discussed briefly, but tJ-e president
did not indicate what the 'United
States would do as a result of failure
of the rival factions to get together
for a peace conference in accordance
with his suggestion.
Although Mr. Wilson gave his callers
C-e impression that this government
has in mind taking some decisive step
int-pr bp intimated that the military
situation at present made any immediate
action inadvisable. Much depends,
it is believed here, on the outcome
of battles In progress or impending.
After the conference the Red
[ Cross officials began to formulate
I plans to continue tJ. eir worK.
I State department officials await a
j reply from Gen. Carranza at Vera Cruz
i to a message sent to him yesterday
; calling liis attention to the fact that
his forces violated the Scott agreement
i for the neutralization of 'border cities
l
I by the recent occupation of Xaco.
There is apprehension also concerning
the situation at Xogales, where Gen.
(Maytorena, head of the iVllla forces, is
expecting an attack by Carranza's
army under Gen. Calles. Some step
may be taken to prevent this impend,
ing battle, Nogales being regarded as.
included in the agreement that border
towns would not be subject to attacks,
- - ' ^
i wmca mignt enaanger me nves vl
American citizens.
The Carranza agency issued a statement
answering a recent assertion by
I
; Gen. Devol that both Carranza and
Villa had been engaged in the exporta|
tion of foodstuffs from Mexico and
j profiting from proceeds of a heavy export
tax. This charge was declared
to be false in so far as territory under
control of fiae constitutional government
is concerned.
FRANK WILL RECOVER.
No Further Bulletins Issued if Gain
Continues.
Milledgeville, Ga., July 22.?Leo If.
Frank's condition has improved so
much that no lurther bulletins will bt
issued unless there is a pronounced
change for the worse.
Inflammation resulting from the
knife wound in Frank's throat decreased
materially today and his temperature
was within a degree of normal.
I ""
! I
buck iSSHV 4
WHITE ^g^aByy
TA
DIES BY HIS 0>V> HA>D.
I
i
| IsiwU* J. HcFadden Sends a B:iile?
into His Temple?>o
Cause Assigned.
I
Xews and Courier.
i
j Rock Kill, Ju.y 23.?Isaac J. McFadden,
one of Rock Hill's good citizens
and held in high esteem by ail
who knew him, took his life this morning
about 6 o'clock by shooting !. imself
in the temple. He has recently
moved into his new home in Saluda
street, and it was in an outhouse upon
the premises that his body was found.
His habit has been to work in t'.e
garden before breakfast. This morning
ae is supposed to have gotten up
about 5:30, though his wife did not
a^.ake at the time. After making a
fire in l!. e cooking stove he went out
into the yard. Half an hour later,
when Mrs. McFadden had gone to the
kitchen, she heard a heavy fall, and
upon investigation the body was found.
iWLile no cause can definitely be
given it is supposed that financial
trouble attendant upon the present
stringent conditions prompted the deed,
as his domestic relations in all respects
were of the happiest. He was
a most devoied husband and father
ana a quiet man whose life was filled
with gentleness. Mrs. McFadden, who
was Miss Mary Sitgreaves, survives
Lim with four children; the two sons,
|Fiederick Sitgreaves and Joe, are
about grown.
SULLIVAN QUITS POST.
.Minister's Resignation, Tendered by
Request, Is Accepted by
President Wilson.
" - ? v.; ? ? T i-i It- 00 Tomoo YT Q111
J V ? LUII, U UXJ* LiO? tic*uuv^o A?jl. kj \jk.L~
li>an, American minister to the Dominican
republic, has tendered his res^
ignation to President Wilson and it has
j been accepted. Mr. Sullivan's resigna|
tion is the consequence of an investij
gation, conducted for the state depart |
ment by Senator Pneland of California,
into the minister's fitness for his office.
The findings were unfavorable
to Mr. Sullivan.
Senator Phelan's report has been at
the state department and before President
Wilsin several weeks. Soon after
it was received it became known
he had been asked to resign.
Mr. Sullivan's brief term as minister
in the island republic was attended
by charges and counter-charges as to
his misconduct. Walker W. Vick, collector
of customs for the United tSates
at the island, resigned because, it was
stated, he had to work under unsatisrtAn^itiAnc
Kt-/~vhcrVtt oKrmt hv
idV-CUl J t'l/UUlUVUO U1VUQU1 civuuk.
Minister Sullivan.
Senator Phelan took testimony in
the Dominican republic and in the
United States, at which witnesses
charged that Secretary Bryan, in appointing
Sullivan, had been consulted
by financiers associated with Samuel
M Jarvis of New York, who control
I *i_.. "r> nt Contn Hnniir ri
j III b' DctUt'U a Liuiiai cl l uauuv/
! city, v,! ich was seeking deposits of
) customs dues collected by the United
States. Other witnesses gave testimony
to show that the minister was interested
in securing contracts there
for other Americans. Former Governor
Fort of New Jersey, and other
witnesses testified that Sullivan was
"b-ig-hearted, good-natured and hon
' est."
Ti e report, which Secretary Lansing
I
I announced today would not be made
j public until next week, is understood
| to sustain many of the charges against
Sullivan.
BIOLOGICAL SURVEY
FOR PARR SHOALS
The State, 23d.
H. R. Carter, M. D., assistant surgeon
general; James LePrince, sanitary
engineer; T. H. Griffiths, M. D.,
assistant epidemiologist, of ;he United
States public healtJh service, are making
a biological survey of the water
and surrounding country affected by
the impounded waters at Parr Shoals.
Last year Dr. Carter and Mr. Le"
* ? - -i 1i ..... ~r 4.v.?
.trince maae a pnysiuai survey ui mc
same property. The surveys are made
for prevention of malaria fever by destroying
the breeding places of the
anopheles mosquito.
The inspecting party will also mak?
a biological survey of Stephen's creek
in Edgefield county, where there is
back water caused by a dam across the
Savannah river above Augusta.
/
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Barbecues
T n-ill q Karhapno at mv rftfii
X TT XI I 1U1U1UU M vwvtv MV ?- ?
dence near Old Town Tuesday, July
27, 1915. This will be my lasit barbecue
this season. Everything will be
served in the best of style and the
meats cooked by Mr. B. 0. Epting,
who knows how. L. Clarence Pitts
I will give a first-class barbecue
at my residence July 28 at 11 o'clock.
| Sell meat and fcash.
J. M. Counts.
Barbecue at Old Sondley Place.
; Saturday, July 24 to be given by C.
G. Wicker and H. F. Lominick. The
public is cordially invited. At the residence
of 0. A. Felker, better known a?
' Old Sondley Place." Ball game in
I the afternoon. 6-29-td.
I will give a first class Barbecue at
j Longshore July 22. Special invitation
! tn lariips and children.
i 7-9-td J. M. Counts.
We will give a first class Barbecui
I at the Newberry Fill, near B. M. Suber's,
August 14. Come one and all
and spend a pleasani day.
Dinner 35 and 45 cents.
B. M. Suber.
7-9-td 0. A. Felker.
The Improvement association of
Hunter-DeWkl't school will give a
first-class barbecut at the school
house Tuesday, August 3, 1915.
Mrs. Bernice Werts, President.
I win give a nrst class oaroecue
at the Pomaria park Friday, July 30.
A good dinner and a pleasant day to
all. Base ball and other attractions
during the day.
Walter Richardsoo.
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Summerland College
For (be higher education of young women
Healthful location
Every modern convenience
A competent, working faculty
Tor catalogue or other information
write to
P. E. Monroe, Leesville, S. C. '
REGISTRATION NOTICE.
The board of registration for Newberry
county will be at WMtmire on
August 10, 1915, and at Prosperity on
August 13, 1915, for the purpose of
registering voters. And at the office
in Newberry on the first Monday la ^
August, which is the last day for registering
for the general election In
September.
Board of Registration for
Newberry County. ^ J
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