The herald and news. (Newberry S.C.) 1903-1937, August 24, 1915, Page SIX, Image 6
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