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DISMISSES FE1I1I0N i FOR AN INJUNCTION SUPREME COURT REFUSES TO STOP WHISKEY ELECTION. The Order is Signed by All Justices and Circuit- Judges After Hearing: the Arguments. The Record, 22nd. In the following unanimous oraer the en banc session of tae supreme court shortly after noon yesterday dismissed the appeal of John Henry Chappell, a taxpayer of Newberry, asking for an injunction prohibiting ti_e rdforonHlim olAftimi schpd Uiiit/lClVU lUViVUUUiM ~ uled to be held on September 14: "Upon hearing the argument herein, and upon consideration thereof, we are of the opinion that the injunction be refused, and it is so ordered. '"P e immediate pendency of the election forbids us to reduce to writins the reasons for our judgments; that will be done hereafter, and as soon as the circumstances shall permit of it." Those Signing. The order wis signed by Eugene B. Gary, chief justice; D. E. Hydrick, associate justice; R. C. Watts, associate T R Fraser. associate iustice: George W. Gage, associate justice, and Geore E. Prince, judge of the 10th circuit; H. F. Rice, judge of the 2d circuit; T. S. Sease, judge of the 7tu j circuit; S. W. G. Shipp, judge of the! 12th circuit; J. (W. Deveaux, circuit; ! judge; Frank B. Gary, judge of j the 3d circuit; J. W. Bowman, judge of ? ? 3-__ -f I stn circuit; Joan s wusuu, juui;e mi the 1st circuit; Ernest Moore, judge: of the 6th circuit, and Mendel L. Smith, ju-dge of the 5th circuit. T:e title of the case is John Henry Chappell, plaintiff-appellant, against: R. M. McCown, secretary of state of - j-t- ^ "i* rs m M tne State 01 isouin uaroiuia; o. jl. uai- > ter State treasurer of the State of South j Carolina; C. W. Sawyer, comptroller ' general of the State of South Carolina,! and C. T. Graydon, Warren Thomas and G. A. Howell, commissioners of election of Richland county, defendants-respondents. Former Governor Cole. L. Blease arid ! m 1_ /-i ??t,: I jrra.UK \jr. lumyMUS l/i vuiuuiuia up resented ).Mr. Chappell and Thomas H. Peeples, attorney general and Fred H. Dominick, assistant attorney general, appeared for 0 e respondents named ! in the suit. By consent of the court, D. W. Robinson of Columbia and W. B. DeLoacn of Camden filed arguments in behalf of the prohibitionists of the State. Attorneys for John Henry Chappell on iAugust 6, tnis year, appeared Defore Associate Justice Watts at chambers, in Laurens, and asked for a temporary injunction restraining ti e respondents from incurring any expense, paying out any warrants, or from issuing any tickets of election for the purpose of carrying out the proposed prohibition referendum on September 14, this year. Tne renei asnea ior was refused by Justice Watts, but lie issued an order, returnable before the j supreme court on August 20, citing the respondents to appear and show cause why the prayer of tl-e petitioner should not be granted. Is Unconstitutional. T- Mr A onnall ollQcarl JLil Ili5> pCUUVU, ?1X1. V- auvft vu ; that certain sections oFThe act passed' by the last general assembly was violative of the constitution of the State of South Carolina and of the United States, in that the legislature attempts to delegate its powers to the people when it allows them to decide, under a contingent statute, whether or not the State shall be "dry" or "wet." "That for tf:e general assembly to, in the manner indicated in the act 1 montinnail to Ira Vl O nnW- I ucrciuauuvc m^uiivuvu, j/v, . er and authority vested in them and I i transfer it to a vote of the people at j large," states the ptition, "will be to ! place the making of laws practically ' in the fcands of irresponsible parties j and negro electors, who could never; be elected as members of the genera] j assembly and whom the constitution ! of the United States and of South Car olina never intended should nave any part in making or repealing laws, ex-j cept through tfceir representatives duly elected under a republican form of government." "That to allow the legislature to' thus delegate its powers to the electors of the State would give the people of j rm* county the right to participate in the repealing and tfre making of the laws for another county," continues the petition, "which would be in violation of both the United States and State of -South Carolina constitutions, ?^ which contemplated the making and I repealing of sucih laws should be by | the general assembly." I The petition cites that the appropriation bill of the last general assembly carried items totaling $34,850 to pay the expenses incurred in Ifolding the prohibition referendum The petitioner states that, if tfre election is held, he and other electors will be put to much expense and loss of time i in attending the polling places; and, if the election carries, he and those for whom he sues will be deprived of an income received from the sale of' liquors and beverages after the closing of the dispensaries, and the losses incident to the winding up of the af I fairs of tae dispensaries Deiore me | act can be declared unconstitutional.! In answer to the rule to show cause, j j the office of the attorney general, in a ! ' r\ri momintr Ancrnct i I papci intu uu ^ -1 iiiv* *1^15 w *. j ' 20, asked for a dismissal of the suit ! i for the reason that the respondents; i named are not amenable to the court | for their conduct in their political ca; pacity; that the plaintiff has adequat? j remedy at law for the correction of , any matters alleged in ti-is petition,; ? and that "these respondents deny tlie ' ' jurisdiction of this court to interfere j I in equity by injunction;" that plaintiff' > is not entitled to relief, for sufficient! facts are not cited, in the petition to show that he would be injured by an election. Eleven Circuit Judges Present. Tne en banc session was called j sharply at 10 o'clock yesterday morn| ing, t)v.e entire supreme court and 11 circuit judges sitting. The attorneys I appearing were allowed 45 minutes argument ror eacn siae ana au uimuies | in reply. Frank G. Tompkins opened ; for the petitioner, followed by Fred. ; H. Dominick, assistant attorney gen- j ' eral, for the respondents, with former j Gov. Blease in reply. The time was ' not sufficient to anow eitner :vir. nou- ; inson or Mr. DeLoach, for the prohibi- j tionists, to make oral arguments, so! I t':.ey filed their briefs with tne supreme court. The en banc session adjourned ; sine die at about noon. Durtn? the rourse of the arguments! yesterday former Governor Blease said ' that it had been talked that the effort to prevent the prohibition referendum i ( was for Dolitical reasons. "Personally i if I had wanted to make prohibition ] an issue," f.:e stated, addressing the j court, "I could have stumped the State i in June and July and have received 1 for those two months more than the j ' " ^ * i.: ? + T-rto y* : salary 01 me cmei justice iui wc jcai. j But this is a legal and not a political i issue." I ] T':e former chief executive went or j to say that the last legislature has ] attempted to dodge the issue and to < throw the responsibility of prohibition i on the people of the State and on the 1 supreme court. Frank G. Tompkins, in an argu- < ment wTich filled 25 typewritten j pages, exhaustively went into the au-1 < thorities to show that the legislature < can not delegate its duties to the peo-1 ] pie, particularly under a contingent ] Statute. He quoiea coyauusiy uuui { many authorities, and cited a wide t range of cases. Makes Masterly Argument. ; ] Fred. H. Dominick showed a thor- ^ t ough familiarity witfa the case at bar, < and made a masterly argument, in | which hp cited case after case from t every section of the country and rec- j ognized constitiutional authorities to ' j show that the general assembly is i authorized to submit certain questions 1 ( to the vote of tfe people to find out j l their desires. He contended that the J i prohibition measure is not contingent | j legislation and the submissal of the I question to the ballot for the ratifica-I ( tion of the people is not violative of J the constitution. TY:e argument of Mr. ( Dominick, prepared by the office of the \ attorney general on short notice, cov- j t ereci 44 typewritten pages. t D. W. Robinson and W. B. DeLoach 2 appearing as amicus curae, presented to the supreme court an argument ] showing why the injunction prevent- 1 ing the prohibition referendum elec- ? tion on proi'"ibition on September 14 i should not issue. He submitted au- < tii'orities combatting the petition of Mr. Chappell. ( t ITALY'S LAST MOTE 5 WILL }IOYE BiALKAXS 1 < T AM fAllll. immediate nnxi t.\pcvic? i>u wu?- ^ tries on Fence?Bulgaria Awaits Servians Answer11 London, Aug. 22.?Italy's declaration 1 of war against Turkey is expected to , have an almost immediate effect on the Balkans, still debating which side to take in tne conmct. jtteiauons ue tween Italy and Roumania are inti-.. mate and the opinion is expressed here! fiat in view of the threatening atti- j tude of the Germanic allies toward i Roumania because of her refusal to j allow ammunition to pass through her territory that Roumania probably will join the quadruple entente. Rulearia still awaits a reply from i Servia to the suggestions of the entente ministers that Servia cede Macedonia to Bulgaria, wibile Greece is likely to declare her future policy when the chamber meets this week. The opinion is expressed in diplomatic circles here that it is signifi cant that M. Venizelos, who always I 'bas been friendly to the entente, has decided to take charge, in addition to jthe Grecian premiership, of the office ' of minister of foreign affairs. With the inclusion of Italy among 41 ? \ Turkey's opponents in the war and with Italy's well known desire for expansion in the near East, the Balkan Slates may consider t at the time is ripe for them to enter the field and ret a share of what falls to the victors. The continued retirement of the Russians seems to have little, if any, influence on the situation. Military critics believe a victory for the entente allies in ti'.'e Dardanelles would more ..ban offset this so far as the neai East is concerned, and the FrancoBritish forces are increasing their efforts to force the straits. There is little crange in Poland and the Baltic provinces. A big battle is being fought along the Knovno-Vilnc i ail way and the river Xiemen, but this is overshadowed by movements agains' Brest-Litovsk. The Austro-Germar forces are across the rivers and road: north and sou tin of this fortress, which is invested from three sides, and curiosity is evinced as to whether the Russians intend to defend it. For th( moment they are resisting the AustroG?iman advance, but this may be onlj with rear guards. Engagements in the West have been of minor importance. The French claim to have repulsed German attacks in Artois and in the Vosges, while both sides are expending ammunition in artiiierv engagements, bomb throwing and other artifices. The Italians report slight progress on ail t< eir fronts. TALKS OF COTTOX Queston Forms Leading Topic for Editorials in British Press. London. Ansr. 23.?Der.larinsr notion contraband of war and speculation as to what the United States will do concerning the sinking of the Arabic form t)':e main topics of editorials here this morning. Although the British press was by no means unanimous in demanding that cotton be made contraband, now' :hat the government has taken action its decision meets virtually with the universal approval of tf.ose newspapers which hitherto had refrained from urging the step. These newspapers now take the view that the government was in a better position to iudse tf:e nroDer method of dealing ivith the question. Some comment shows that consid?rable political feeling has entered into the matter. The morning Post claims that it has only been since the coalition government entered into power tf'.at the order in council has Deen administered in such a manner is to prevent Germany receiving cot;on through neutral ports. The Post expresses the desire to *now why cotton woven fabrics and ;exmes were nor aeciareci coniraDana, since it says the claim has been made :hat Germany can employ them in j:e manufacture of explosives. The Daily Chronicle interprets the novement's declaration to mean that svhile the government will decide to ?nter into any vast project for buying ip the American cotton crop it will be prepared to make such purchases as nay seem advisable to support the narket and secure a reasonable level >f prices for t)' e American grower. The Chronicle comments at length )n the sinking of the Arabic. . It says :hat it realizes President Wilson's :ask has not been made easier by the istablisi'.ed fact that American citizens were drowned. "Tfce messages from America do lot anticipate that the United States >vill make war," the newspaper says, 'but we may be permitted to doubt ;vhether anything short of war will compel any respect from "Germany. "American intervention on the side )f the allies would be a serious fac ;or, not, perhaps from tre purely military point of view, but from that of inance and supply. It i*?ght considerably hasten the final end, but the nere rupture of diplomatic relations, .inless accompanied by substantial support to Germany's offending nations and is not the kind of argument to which it has iritherto shown tha [east attention to defer." RIVER RD'S WILD Missouri Stream Rises Far Beyond Its Banks?Houses Sept Away. St. Louis, Aug. 22.?The Meramec river, lined on either side with thousands of pleasure resorts, club houses and summer cottages, went several miles out of its banks today, swept away most of these buildings and increased to 20. it is reDorted. the num fcer of lives lost in St. Louis county as a result of floods which followed tbe recent rain storm here. The Meramoc began rising a foot an hour this morning and the flood was so sudden that hundreds had time only to climb trees. Effoits to rescue these with mntnr hnnts had been in vain earlv to nigfct. The river tonight passed a stage five feet higher than ever before known. Six persons were said to fcave been [ Complete Satisfaction 5 A tire should give the [ The Company behind the 1 crease the satisfaction. Th each transaction is one part L Cc Sizes 3: PlainTread 9. , I Non-Skid 9, L This Service, A Qu ;! Fisk Ai 5! TRAOt MAR* 1 Re*, u. S. Pat.OIT. Time to Re-Tire ? (Buy Fi?k) drowned at .Valley Park and two" at | Meramec Highlands today. Many j others were missing and it is expect-1 " J A - - J iL 1^*- mATr n rrorTtAOrcf Q ea inai me uraiu n?i uiaj ao5i several score persons. j Hundreds Nof persons had been marooned in club houses and cottages along the river by the first rise several days ago and hundreds of otJ':ers had gone to the river today hoping it would rpppdp and nermit them to res : cue relatives, friends and their watersoaked possessions. i " Appeals for help were sent to St. Louis tonight and hundreds of volunteers immediately responded. Boats are oemg rusnea 10 u-e Meramec uy train. Strong motor boats attempted to enter the Meramec from the Mississippi river, but high waters prej vented their passage under one of the few remaining bridges across the Meramec. I Unconfirmed reports said that every building on the side of ti.e river from Clinton to Pacific, a distance of 35 j miles, had been carried away. In Valley Park alone 2,000 families have been made homeless. The water was 10 to 12 feet high' in the streets. The river now is two and a half miles wide at 'Valley Park and 'M'eramec Higi lands and four miles wide at Crescent, Mo. The flooded area is estimated at 100 square miles. Telephone and telegraph wires to almost all towns in this district are down. Thousands of refugees from : the flooded districts are Deing nousea ' in churches, hotels and ot!':er public j buildings. Cots and food are being sent from St. Louis. ? CONFERENCE EX COLUMBIA 1 Charities and Corrections and Com mon Good. News and Courier. Greenwood, Aug. 21.?The State Conference of Charities and Correction will hold its annual meeting at Colum- ( i Dia septemDer next. in i arrnuii) | with this meeting and in conjunction j 1 with it will also be held the conference j ' for common good which excited so ' much interest two years ago. Several speakers of distinguished ability have been secured for service, including our own f ome men and some from a distance. One of the leading American specialists in feeble-mindedness, Mr. Alexander Jonhson of the Vineland \ Training school, New Jersey, has defi" i nitely agreed to attend the conference. [ It is designed that the greater part of ( j the entire day shall be devoted to this | topic, which is beginning to excite so ^uch interest in our State. Mr. W. H. Wnitaker, a specialist in 1 reformatory and prison management, j and a leader in many conferences that ! meet to consider such questions, will also speak. Mr. Whitaker is at present the manager of tJ^e District of Columbia workhouse and is perfecting 'some methods that have attracted i wide attention throughout the country. It is hoped that many of tJbe sheriffs and other public officers of South Carolina will attend the conference, and the officers pvtpriri an invitation to all r>er | sons interested in charity work, the betterment of children, better treat * r purchaser satisfaction. tire can give Service and ine personal element entering intc of the remarkable Fisk Service, >mpare These Casing Pri ^30 3/2x30 4x33 4x34 00 11.60 19.05 19.40 .45 12.20 20.00 20.35 iality Product and Low .A ^mi/A V/WAA A ^ M fhk Tires For McHAR! 1 ?? I ( HMnaBHnnnnHBnBHBaHHMMBnMMB ment of the feeble-minded, more intelligence in tile management of shortterm prisoners, to plan to attend the conference and to take part in its discussions. FATAL ACCIDENT NEA>B GREENYILLE Hiss JIattie Emma Sammonds Meets, Death?Autoniobile in Ditch, The State. Greenville, Aug. 22.?Miss Hattie Emma Sammonds was instantly killed i this morning about 11 o'clock when tho antnmnhilp in which she and two of her brothers "were riding turned over in a ditch on the Sandy Flat road some six or seven miles from Greenville. The young people had started to the Mountain Creek church and the driver of the machine was attempting to pass a buggy. Some weeds grew on the side of the road and these concealed the ditch into which the machine plunged. Ti e step of the car crushed against the neck of the young woman, 'breaking her neck and killing her. One of her brothers was injured. The accident cast a gloom over the community, and especially did it affect ti':.e large congregation which had assembled for special services at (Mountain Creek church. The Sammonds* home is seven or eight miles from Greenville. 30TED SCIENTIST PASSES SUDDENLY Berlin, Aug. 20. (via London.)?Dr. Paul Ehr'.ich, discoverer of salvarsan and of the antitoxin for diphtheria, died suddenly of heart disease, aged 61. Half the Nobel prize for medicine was awarded to him in lbOS. Dr. Ehrlich was one of the most celebrated scientists of tine world. His discovery of salvarsan in 1910 was hailed as one of the most important in the history of medicine. He announced two years ago the discovery of "nigrosin," which he 'believed" would cure cancer. In 1914 he began experiments with a remedy for sleeping sickness. Dr. Ehrlicfa was born at Strehlen, Germany, on March 14, 1854, and was educated at the Universities of Breslau, Strassburg, Frieburg and Leipzig. NOTICE* A meeting of tne stocKnoiaers 01 I The Farmers' Bank, Silverstreet, S. C., will be held in bank building at Silverstreet, S. C., on Tuesday, thej t Isk Service w PRICES ices 1 i* 4/ix36 5x37 27.35 32.30 28.70 33.90 mm~mmm J r Prices Make The [nation , I Sale By < 4 DY MOWER | t " # Wmmm For Men, Women and Children Any kind of Shoes Wf BLACK, WHITE, TAN WW 2 in 1 gives the ^ "Shine of Satisfaction" m The F. F. DALLET CO., ^ A Ltd.,Buffalo,New Yorlc * im a HaoiiKon, Can. ^Rs^/jg9j/ < ?ESBSS KMMy rJflHHifilKl (?/ *( HKJ^r IgnHRnv/ IV# Myr 1W H rojf *%N?md07 w ?^H inwra ramwrnwMmni rjrtTM^i iMiffiwni?? TMMX??? MMMMMHMMMM :< Fverv Dav S5 ' Ij L 1/ / ^ j J^oujanJj j delielouj Lijeuipj, Ji? eaice^ ar|J PGsj"" ![ | rle5 al?e$l" ft?un_ |i; j equalled ^ual!j"y o| [ | F^lng $Uf1 ? i Fiour 1 |b qp|<3 ["houjand.j o': J"J p[jj eook^ aj-e gj-aj"?|u a|i jij jo|- ['he eaje wi^ j[j whieh i I" '5 pre_ IS ji papeJ, j-e^uipnfi no |j jalJ", 5?da oj* Lak- [ in* ciova/Jei*. IKq ?_ JiJ pu " up fn j"h? irj- jj[j dividual jaekwiJ"^ JiJ iji ft? fjisiqg 5un j:|? ? upon if. ? ?;? ppepc^ed Ly J"In ? jlj S famou^ p'ill> ^5^11 ?? !? Othen may miar- J | J y^^jjgg1^ I ' guarantee* results, ?g 31st day of August, 1915, at 4 o'clock p. m., at which meeting the matter of ! liquidating, winding up the affairs and dissolving the said bank, a corporation under the law of the State of Soutk Carolina, will be cosidered and 'voted on. Stockholders may attend in per son or by proxy. This meeting is ordered by the terms of a resolution of . the board of directors of said bank. H. 0. Long, i President of The Farmers' Bank, A Silverstreet, S. C. I 1