The herald and news. (Newberry S.C.) 1903-1937, July 30, 1915, Page THREE, Image 3
DECIDtS AGAINST !
TAX COMMISSION
JUSTICE WATTS MAKES TWO AD-j
i-nnor nirT
Injunction Issues Wliich Forbids Com..
mission Assessing Banks?Mandamus
Also Granted.
* The State, 2&th.
The case of tt':e banks against the
. South Carolina tax commission will
be carried to the supreme court for a
decision, according to Thomas H. Peeples,
attorney general. Decrees adverse
to the commission were rendered
yesterday by iAssociate Justice Watts
in two cases brought by the. People's
, all other banks of the State," t).e deGreenwood
bank.
In the case of ti' e People's National
of Greenville, "in behalf of itself and
all other banks of the State," tht dej
cree ends as follows:
iDinnctlon is Granted.
"It is therefore ordered that the
m temporary restraining order heretofore
passed be continued until the final
hearing of the case.
"It is further ordered that, during
^ AV? i A rtf 1 A ? f V* A /I A
tilt? > Ul laid av^tiun, tuu viefendants
be enjoined and restrained
from assuming or exercising any authority
over the returns or assessments
for taxation of the plaintiff
"bank, or of any other bank in this
State, or from doing any of the acts
complained of in the complaint, until
the $nal order of this court.
"Having ordered that tile defendants
be enjoined from retaining the
returns of the several banks of the
State, it follows that the same shouM
\ be returned by the defendants to tl':e
# several auditors of the State, to the
end that the assessments thereon,
heretofore fixed by the auditors and
county boards, be entered upon tf:e
tax duplicates for 1915 and it; is so
ordered.
Xandamns Also Issues.
."I therefore conclude," says the de*
rrf>A "that rhp tax ^nrr.Trn&sirm i<5 with.
k out authority under the act to assess
the property of ^';areholders in a
abnk?State or national; the only
method of taxing this class of property
authorized by law, and that an
effort upon their part to assess the
property and franchises of a bank,
which they are alone apparently authorized
by the act to do, would con^
travene the constitution of South Car
olina and the act of congress.
"If +t'~ OT-ofj-iT-a iJrHur? crorl
XI# Ah? WWVA ViVi V V* VftV* W) WWJUUJjVVi
and decreed that the plaintiff is entitled
to the relief demanded in the
I complaint.
W '"It is further ordered that a writ
of mandamus do issue from this court,
under the fcand of the clerk and the
seal of the court, directed to Adolphus
"W. Jones, John P. Derham and IW. G.
Query, commissioners of the South
Carolina tax commission, requiring
and commanding them to return to
t?e county auditor of Greenwood
county the return and assessment de
scribed in the complaint and directed
also to J. W. Canfield, auditor of
'^Greenwood county, requiring and
commanding him to place the same
upon the tax books of Greenwood
I county, for the purpose of taxation
for the year 1915, in accordance with
law.""
Case From Greenwood.
H:is decision was rendered in the
case of the National Loan and Ex-!
~ , , i
cnange DanK 01 ureenwooa ana w. i.
Bailey against the tax commission and
the auditor of Greenwood county,
which brought mandamus proceedings,
seeking to prevent the commission
from reviewing tfce assessment already j
filed with the auditor on February 20. i
The writ of mandamus as prayed for
Iihas been issued.
Associate Justice Watts did not pass
on the constitutionality of the tax commission
act or the validity of the act,
O Q TTITVOT
"I stall advert to only two of the
K objections raised by the plaintiff to
the act and to the power of the tax
m^r commission; the other objections 1
L will not decide, as I do not consider
lhat from my point of view of the case
| fcteir decision is necessary. The objections
I shall consider are the third
and fourth grounds as stated above
^ and the fifth."
AIL CYCLES BARRED.
B >ew Order Is Issoed to Rarial Free
Delivery Carriers.
Washington, July 26.?Use of bicyicles
or motorcycles in the rural delivBery
service is prohibited by an order
todav bv Postmaster General
IJurleson effective January 1,1916. In
mnouncing his order Mr. Burleson
lolds that vehicles of these types do
tot have the carrying capacity needed
or parcel post service and do not afOrd
necessary protection for the mails
n bad weather. The order will affect
ibofut 8,000 acrriers.
MB. COOPER TO WAKE RACE,
Anderson Daily Mail Quotes Him As
Saying He Will "If Certain
Conditions Exist.'*
The Anderson Daily iMail published J
the following Saturday:
Hon. Robert A. Cooper of Laurens !
practically declared Saturday morning i
! tnat 'lie win oe a canaiuate iui guvi
ernor of SouCb Carolina next summer !
i
He and Mrs. J. S. Meacham arrived in j
their automobile from Laurens Friday
night and remained in Anderson this
morning, wi en they departed for Iva.
Mr. Cooper addressed the Iva Chautauqua
this morning on the subject of
education.
"Mr. CoQper, will you be a candidate j
for governor next summer?" &sked ai
representative of ,ihe Daily Mail.
"I will be a candidate for governor
if certain conditions exist," he replied
Quickly. And the smile that followed
this remark strongly indicated that f:e
had received assurances that those
"conditions" exist now and will continue
to exist. .
Mr. Cooper has received many as-!
surances of support from people who
never supported him in the last elec
tion if he will enter -tl:e race next
| summer. Wliile the representative of,
1 this newspaper was talking with him
| several Anderson men came up and
grasped his hand and said they did
not vote for or support him last summer,
but ti ey would certainly do both
in the coming election. ( j
A Cooper sentiment seems to have j
developed in all sections of the State |
during the past few weeks. By many j
he is considered the strongest of all:
the candidates who may be in the race.
| Everybody knows what Mr. Cooper
meant wl:en lie said he would be a can- |
didate "if certain conditions exist," and
; now since the public will be in !
formed that he is available no doubt
strong prtssure will be brought to bear i
I on him from all sections of the State
! to have announced his candidacy. And
the general opinion is that fce will announce
himself in due time.
START PEACE MOVEMENT
IX DISTRACTED MEXICO
Washington, July 27.?Efforts to j
bring about a conference of military j
leaders in Mexico, in anticipation of!
L , K?i
| a nnai appeal 10 iauuuuaj icaucia uj
the United States, are reported under
way in the southern republic. *
Information reached Washington tonight
that troops of various factions
were consulting their leaders with a j
i view to assembling a peace conference
either with or without Gen. Carranza,
There also were intimations tfcat the
administration was considering asking
Carranza to reconsider hi-s refusal to
participate in the peace negotiations
I f-w -I -i- TTTJ1 ~~ J
rresmeui wiisim ui&eu iwv/ iuum.ua
ago.
Diaz Lombardo, G-en. Villa's foreign
secretary, who came to iWashington to
study the attitude of the Washington
government, is reported to have returned
to Torreon to consult with his
chief. Gen. Felipe Angeles, [Villa's
chief military adviser, recently in
Washington, is enroute to Nogales to
procure Gen. Maytorena's assurance
t':at he and his adherents will join in
deliberations to plan for restoration
of constitutional government and ultimate
recognition by the United States.
Manuel Calderon, ambassador to
the United States in Madero's regime
and not actively allied with Carranza,
Villa or Zapata, is said to be interested
in a proposal to unite all the factions,
and should Carranza again refuse
to join a peace conference to,
support a conference of representatives
of all other factions.
An arms embargo was said tonight
to be contemplated as a part of thei
next step of tf:e Washington govern-1
i ment.
Mexico City remained cut off from
the outside world today, despite efforts
to get word of actual conditions
f
there. Reports that Carranza forces
had returned to the capital lacked official
confirmation.
fl-io no-fvnpv that
Gen. Gonzales already had reacted
the outskirts of the capital and would
re-enter the city. It also stated that
Gen. Obregon had seized San Luis
Potosi and would be joined by Gen.j
Trevino from Monterery preparatory
to a new offensive against Torreon. '
Troops from the interior also were reported
arriving at Vera Cruz to be
transported by boat to Tampico and
thence overland to Monterey.
Carranza troops have evacuated
iXaco. leavine a civil administration.
Their action relieves a threatening situation
in which Maj. Gen. Funston had
orders to shell the Mexican factions
away from the border if ifteir fighting
endangered American territory.
Consul Canada at 'Vera Cruz reported
today that eight Mexican naval vessels
were moving troops coming from
the interior. .
>*o Statement Issned.
Cornish^ Nj H., 'July 27. It was said
tonight that President Wilson was not
ready to make any statement here in
us
ii^siiil ~ i*J il
! |^?Un?2_ L _f M_?
rir??^-rj "A penny saved is i
BZZiSZry penny earned " and wJffiT
:-, w;ii ;.Sovv you how you
?? can ? -(% ?? twenty thousand i
pennies on your faec bilis every winter, j
We will send you an
IN P| ANA
I1 SILO ^
You set it up and feed from it nest
winter. Pay us out of what the silo saves
for you. After that you will have the silo
and the money it saves every season.
The Indiana Silo is rrcopnized everywhere as
the standard by which all other silos are judged. I
- -* ' ? ? Uocf !
It Jteeps me Sliag^C UCIj;., laaio IWIMCI,
I for upkeep and pays tlie largest dividends for
the money invested.
Call us up or drop us a line. Whether you
want to bur a silo th-'s season or not, we have a
j oroposition that wil! interest you.
J. 31. SWINDLER
010 Main St., Newberry, S. C.
! dicating wf. at he plans to do next in
j Mexico.
Washington officials are known to
* ? n n-r, Tfi 11 o arm ntll -
I iavor eucuin<agiug vxcu. > um ?uu
: er northern leaders to select a provisional
president who can be supported
by the 'United States. Others believe
the president should place an
embargo on arms exportations, and
still ot) ers advocate armed interven|
tion.
The president has been reading Mex- |
ican reports carefully and has be- j
come convinced that the United States J
| can wait little longer to see whether j
; the different factions can. compose
tili-eir own differences.
He was in communication with Sec
retary Lansing today.
Clash Near Xobales.
Nogales, Ariz., July 27.?Carranza
troops under Gen. Calles today advanced
to within seven miles of tbs
city and apparently intended to attack.
Carranza outposts and those of Gov.
Maytorena, who held Nogales fir Villa,
cla*sl:ed and Maytorena pickets were
j driven in.
Maytorena built a barbed wire fence
along the international boundary line
! today.
I
BECKER GRANTED GRACE.
Execution Postponed Until FridayPlea
Before Court.
iXew York, July 26.?On Supreme
Court Justice Ford's request for more
time <to consider the application for
a new trial made by Charles Becker,
under death sentence for instigating
the murder of Herman Rosenthal, execution
of the former police lieutenant
was postponed tonight from Wednesday
until Friday.
Justice Ford heard arguments on
the application and reserved decision,
giving counsel until noon tomorrow to
j file briefs. Tonight the justice request|
ed Warden Osborne of Sing Sing prison
j to postpone the execution. As the elec.
? ? ^ 1 /Nrvo 1 1 O W \T
I trocuuon can. uns-e yiaue lcgaii/ <?u.j (
day this week at the warden's discretion,
the request was granted.
Justice Ford announced today that
(he would decide tl-e case as quickly
as possible. Tonight it was said he
might not finish his deliberation before
Tuesday or Wednesday.
An attempt by Becker's attorneys to
| have the condemned man, as well as j
| the authors of several affidavits, al- j
j leged to contain new evidence, and ti e
j persons mentiond in them, called to
| the witness stand in the proceedings,
failed for the time being at least. Justice
Ford stated that he saw no necessity
for calling witnesses.
j "In view of the fact that the State
| tiliat contended these affidavits are not
: new evidence, I propose to accept them 1
i->n +vioir fnnA value." he said.
j Via. *.v?vv .? ?
| Justice Ford then fixed tomorrow
; noon as the expiration of time for
filing briefs, if any are to be filed.
Assistant District Attorney Taylor, |
| who opposed Becker's appeal, declared
j the court only could grant Becker aj!
i new trial on the ground of newly disI
covered evidence, and declared that 1
none of t)':e affidavits contained new
evidence.
YASDERBII/PS LAST WORDS.
1
j "Come and Let Us Save the ,
Kiddies"
Vanderbilt! "Come, let us 'save the
kiddies." These were among the last
words of Alfred Vanderbilt, standing .1
on the deck of the doomed Lusitania, going
down to an unknown and unmarked1
grave, says Leslie's. When an :
answer to this simple act of genuine ;
heroism to those wi':o are everlastingly 1
maligning men of wealth! When the 1
history of this era comes to be written j
the names of our great captains of in
dustry will remain indelibly inscribed
upon its pages, while those of tine conspicuous
agitators of the day will fade ;
into the obscurity from which in the
inscrutable wisdom of an over-ruling
Providence they were permitting to
.emerge? .
r
\
\
\
RED SPIDER IS TAKING |
THE WARPATH ONTE >10RE !
Little Insect Threatening Cotton Maj
Be Controlled by Burning Stalks
and by Spraying.
Liemson uouege, .July zy.?Keports j
coming to Clemson college indicate (
that the cotton red spider is threatening
serious damage to cotton in many
parts of the State and the entomology
division of the college has issue-d a
statement of control measures which
will help farmers to avoid tile ravages
of the tiny insect.
The red spider is a very small, red
dish, spinning mite on the under sides
of cotton leaves. It is injurious during
dry weather. As soon as dry
weather sets in, begin to watch for
the mite. It is not Lard to recognize
it. Infested leaves become.deep red on
their upper surfaces. By looking on
the under surfaces of such leaves one
can notice the red spiders mowing
about. The earliest sign is merely a
biood reel spot on the upper surface
of the leaf.
TV: e lower leaves of the plant are affected
first. The red spider spreads b5
crawling and is also carried by bird's,
domestic animals, workmen and wind.
The leaves that it attacks become distorted
and brittle and drop off, thus
weakening the plant. Several species
of insects attack the mite and in some
seasons do much good, but man must
do the greatest part of the preventive j
work fcimself.
The red spider has over fifty foodil
plants, among the most important ofv
which the violets, jimson weed, poke;
weed, cowpea, bean, okra, wild black- j
berry and other common plants. Violet
and poke weed are especially dangerous
because they afford winter
food for the insect. As a preventive
measure against red spider, keep down
weeds -so far as practical and guard
specially against having violets or
poke weed any wf: ere near a cotton
field.
At the first sign of red 'Spider, pull
up all infested plants and burn them.
When large patches in the field have;
become infested, use one of the red j
spider sprays. Potassium sulfide and ;
lime sulfur solution are considered the [
best of these. Potassium sulfide mayj
be boight at drug stores and is used;
at the rate of 3 pounds to 100 gallons'
of water. Lime sulfur solution, unless
made at home &s for orchards, is not
so easily obtained locally. It is used
at the rate of one gallon to 30 gallons
of water (this is the same solution
that is used for scale in orchards.)
For small spots, a bucket pump is
sufficient. For larger areas, use a barrel
pump, if f':e plants are not too
large. Equip the pump with fine nozzles,
as when spraying fruit trees. 1
adoui one nunareas gallons 01 ine
spray is required for an acre. Three
acres can be sprayed with care in one
day. In spraying, bo sure to spray
thoroughly the under sides of leaves
and also the plants nearest to the infested
spot.
FARMERS PROSPEROUS
IN PIEDMONT SECTION
Col. Watson Says That Crop Conditions
Are Superb and Everybody
Is Happy.
The Record, 27tib.
"During the past week I have traveled
t)>.rough the upper Piedmont section?Newberry,
Union, Spartanburg,
Pickens, Oconee, Laurens and Horry
counties?and I have never seen crop
conditions better in South Carolina,
except in a lime 'StreaK 01 i-iaurens
county and a slow fruiting cotton in
parts of Oconee county. In fact, the
crops are the best I have ever ssen.
Tne corn crop in the lower part of the
State is superb."
The foregoing were the observations
of Col. E. J. Watson, State commissioner
of agriculture, today on his trip
through t)';e upper part of the State,
made last week. The commissioner
says that the farmer is very optimistic
and he is raising ms iooastuns ai nome j
more I'r.ao over before in the history
of th.? Srate
Col. Watson states that the chautauquas
being held in tf:e Piedmont
section are being largely attended,
and the great crowds are asking questions
relative to correct agriculture
and the problems met on the farm.
They seem in dead earnest, h.e -says,
<-> -nr. OTOCninor O ft lAT" Tril rtwl Of? {TP
both practical and theoretical. "This
State is in the midst of an agricultural
revolution," says the commissioner.
The commissioner says that he saw
farm wagons all along the roads either
taking wfceat to the mills or bringing
the finished product from the mills to
their homes. "Almost everywhere one
goes he will find everybody eating
bread made from home-grown wlbeat,
and many towns have excluded all
bread except tnat produced irom wneai v.
raised in South Carolina." states Col. a
Watson.
For the first time in his life, Col. u
Watson says, a few days ago he saw t
a farmer .taking alfalfa Jiay to market. X
A Close (
On Tin and I
Prio
10c an<
I
Now is the ti
See my m
MAYES' BOOK AND
The House of a Th<
%
ATTENTION Ml
We are ready for your g
and wheat. We have t
can please you- by givin
and the Quality, we wit
wheat shipped to us, \
your stock, this is our pi
to get your wheat in sh
don't bring damp wheat
time nor space to sun yo
man or mill can grind i
want your grinding and
you the best service th?
Farmers
J. H. Wicker,
vci^lkiSv*' '^HKT * \T3f7H-5
^g?j?Ri* ffijlfc /^H?. - TTv
? ? *:;dL: *?
^wbb'- ^ -.fwi^KfrFffiCTE .^B
3^Br ?<??a8^',i^BMMP.g|g> > JflHH
^jtrheChi
Chewing
ever Ch
Chevv^ii
5c. the packet or t\
cent at all the better s
Have a
"Bobs'
has a heart fo
pepperminty c
with gum insi<
and delicious.
11 i
tlUlll UIC "jDUUS 1
XOTICE TO TRUSTEES. tru:
mee
It is utterly impossible for the ent
,'ounty Auditor to know the location
.nd amount of real and personal prop- tUFj
rty in districts having a special tax,
mless he has tlhe assistance of the 1J1';
rustee-s of the special districts. I . \
kefiefore -request and urge- <tha-t--alt"-'*-7
Dut Sale j
lillllllMWIililMMMMMBSMi
in a me 1 ware.
es
j 1
LI IOC
me to buy
rindows
VARIETY STORE
3usand Things
I FARMER!
rinding, both corn
he mill that we
cr von the Grade
O J ? o
[ take care of all
pill take care of
irt. Your part is
ape for grinding,
; to mill. I haven't
ur wheat, and no
damp wheat, we
will strive to give
it is in us.
Oil Mill
Manager.
B' *SS^nR
vo "Bobs" for a
;tands and stores.
heart for
'-"Bobs"
>r you. The
andy heart
de?chewy
i
happy crowd
mmammmmmmmmmmmmmmmammmmmmKammwtra
stees of special school districts
it in the Auditor's office at differ
times between now and the 15th of
just, 1915, and check over ti':e reas
and- place the amount of real
personal-property due to be ta?ed
:heir respective districts.
Eugene Sr-Werts" 'v
-27,td Coutfty-^udifcor. - *''
.-'V