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FIRE INSrRWi'E ACT | ^ CONTIM'ES IV FOKCEi!U I ^ Supreme ( ourt Sustains Learalitj of Lanev-Odom Anti-Compact Measure. SI *? The State. S The supreme court yesteday re- ^ fused to <?i?n an order enioiiiina the ? c< insurance commissioner a d ttie at10 torney general from enforcing the terms of the anti-compact fire insur- j ^ ance act of the last legislature. The l m decision dismissing the petition of j David B. Henderson of Charleston for i r 1 u\ ? an injunction was signed bv all of the 1 I Hi justices of the supreme court. i d< The constitutionality of the La'.:ey- l Odom act was attacked at a recent i P 6( hearing by attorneys representing Mr. > m Henderson, who has-been engaged i.i; , sJ tne tire insurance Business in unar-; leston for many years. The State of- ?' Scials were represented at the lie:ir-j if'? by Thomas II. Peeples, attorney ^ general. . ' i 1 ri "Ihe petition is dismissed and the / j c( injunction Refused.'' said the decision i 0] of the court. The opinion was written "t jj, by Associate Justice Fraser. SI The following is the decision of the . court in full. j 51 - ! fi ! ti Opinion by Court. This is a case of very great im- tc c>ortan^e. It is also a esse in which ! ^ 4 ' C( there is great popular interest. The case demands prompt decision. It j should not be cfbcided instil., tut jm without unnecessary delay. In view of the fact that there is tC such popular interest, the decision ni should be couched in such terms that pi the people, who are not trained law- e] vers, can understand the reason of,01 I +V the decision, without unnecessary citation of authority. Fundamental' ^ principles are sufficient. . p< The legislature of this State, "at its \ ^ recent session (1916K passed an $ct j entitled "An act to prevent fire insur- lt: ance companies or associations or ^ partnerships doing a fire insurance n -business in this State to enter into C( any compact or combination wtih any aj other fire insurance companies, asso- ?* ciations or oartnerships. m fPhis act gives the insurance com- ^ inisaioner of this State power to 're- ^ view rates of iusTirax^e, and prcvids m punishment for false affidavits there- y. in required. PeittJon is Filed. The petitron??r comes into this u court in its original jurisdiction and ^ alleges that tie is a citizen of this oi State; tnat-pnor to toe enactment or t tfels statute he was doing an insur<*nce busine&s in this State, as the -agent of the Liverpool & London & ^ <31obe Insurance company of Liverpool, Englaed, and that by reason #f tfie passage of this statute the said insurance company was compelled by ^ Reason- of tfre provisions of said act to . is cease to do business in this State; that the petitioner has, by reason thereof, been deprived of his bus!- ?* 3< *iess; that he knows no other busi"WACX" TJA O tVm incnvowoi .ucco. IJLU Uiai vat iuouiaav?5 -commissio er be enjoined from pro- Je -ceeding to carry but the provisions CJ of the act. The petitioner alleges that the act is unconstitutional in bi certain particulars. The insurance commissioner a:d attorney general, in who also has some duties to per-j m ? A Card to t- ' ( inf Rnrul TpIp \ - ?? I . We are anxious to sec other parties and connected -condition as to furnish effici -owners of rural lines are res] we want to co-operate with All lines require a tho sionally if the best service recommend that every lin ^overhauled at least once a y< experienced telephone man a cost of this work when divi< of the line, makes the amc mall, and this cost will be i improved service. If the owners of rural tel tion are experiencing troubl will appreciate their talking Manager or writing us full wnat we can toward neipwj dition of your line. SOUTHERN BELL TE AND TELEGRAPH 4 t E&C** - "" day icq rm.1 AJV/iK AWVj VV*"V \ mi under the act and is a party , jreto, demur to the petition. That to say, these Slate i-tiicers come to this court and allege that even imitting all the facts pleaded in the ?tition still the petitioner has Lot low n hat he is entitled to the injunc- i 11 asked for. A Copy of the act is j it out in the case. It is not certi-;' 2d to, but is assumed to be a true ! : i ' >py of the act. . The statute is al- i ged to be unconstitutional: <r "In that the State warehouse comissioner is authorized to take any id all kinds of insurance on all .asses of property, at any rates he lay see fit, while the petitioner can j ot accept any risk and therefore is j sprived of his property without due J rocess of law, and is denied the j jual protection of the law.'" A de- \ turrer admits facts, but not con- j auctions of statutes or conclusions j f law or fact. Power of Commissioner. Xo such power is given to the tate warehouse commissioner. The' lie (no citation is necessary) in the ; >nstruction of a statute is that gen-j ral words, and it makes no difference I ow general, will be confined to the j lbject treated of. So, here, the laniiage. "however general, would con-' n,e the insurance procured bv or I ! irough trie warenouse commissioner j insurance procured by or through ' im in his business as warehouse jmmisSioner. It is also objected that the mills'' utuals and factory insurance asso-1 ations are exempted and this is said j ) be an unjust discrimination. It is, Dt unlawful to classify business and roride different rules for the differit classes. That insurance in which ae party is insurer, and the other le insured is not in the same class ith mutual insurance, in which a srson is both insurer and insured. \ V however, these two provisions lould be held to be Unconstitutional, would not affect this case, because ... i, le provisions are separable and tne ] lie is that the unconstitutional exjption to a general provision fails ad the body of the act stands. In :her words, if it is unconstitutional ' exempt the State warehouse comissioner and the mills mutuals, then ie business by and through the ware- ' wise commissioner and tlie mills ' utuals is not exempt from the proeioas of the act. 1 Ministerial Duty. 2 It is next objected that the act is 1 uconstitutional in that it confers ] )th legislative and judicial powers ( i the insurance commissioner, and 1 te constitution provides that these 1 jwers shall be kept separate. This ] it does not confer either power. The i ities of the insurance commissioner * *e not legislative or judicial but \ erely ministerial. Carolina Glass Co. ] the State, 37 S. C. 270. The right < the State to review insurance rates i not in issue. The next objection is to the title 1 the act, and it is claimed that the j: does not conform to tfie title. The constitution requires the subct to-be expressed in the title, arti- ' e 3, section 16. There are three specifications here. ( it they really raise two questions: ] (a) It is said that there is nothing , the title to indicate that ^he com- ] issioner is to be given power to re- , Owners phone Lines ; that all lines owned by ' with us are kept in such : m mvtf . ? lent service, wnere tne < sensible lor their upkeep, them. rough overeauling occais to be obtained. We e connected with us be ;ar, and that at least one assist in this work. The 1 ied among all the patrons | : ^ !i 1 >uxu paia oy eaca man f more than offset by the i ** J lephone lines in this sec- 1 e with their service, we the matter over with our ly. We will gladly do z you improve the con T/EPHONE /^2\ COMPANY JMBIA, S. C. view rates: It is not the function 01 L-he title to sot out the entire act, but to declare the "subject." The details ire in the act. The prevention of unlawful combinations by requiring rates to be submitted to a commissic..er or cdpimissicners for review, # 1 e> ? a a a rrn i r/ r\ ? *-? f Arl nro ! o v> /I L3 H CH iCLUgiiHiCU lii uc/Lll. i^ugiui aim State legislation. It is the well recognized method by which unjust and discriminatory rates are preve ited. Xo one should claim that the body oi the act, which pro-, ides the details, contains a surprise when the legislature lias adopted the usual method. (b) It is objected that the act provides a penalty and there is no mention of a penalty in the title. When an act forbids the doing of a thing and provides no penalty for its violation, the act is wholly ineffective. An act to prevent and a penalty go ha d in hand. It is said that the penalty for false swearing under this act is mide more severe, than perjury in other c^ses. and this can not be allowed. This objection is untenable. There is no reason why perjury, under some circumstances, may not be more severely punished than perjury u. der other circumstances. It is common to fix a maximum and a minimum punishment, both as to fine or imprisonment, or fine and imprisonment, a..d to allow the trial court a discretion to fix the amount v/f fine and imprisonment, or fine or imprisonment. Besides this, section 344 of the criminal code allows an additional punishment for perjury of seven years, with no option to pay a fine. Right of Petitioner. The insurance commissioner and attorney general have raised tentatively the question as to the right of the petitioner to raise the questions made in this case, but do n/>t insist'upon it.' We will consider tho question as far as it affects the merits of the case. Xo citizen of this "State can have a vested right (as between himself and the State) in a contract to carry on business as agent for a foreign corporation within this State; because a foreign corporation can do business in this State only by permission of the State and can- continue to fln business within the State onlv so long as the State permits it. If a citizen of this "State had any such vested right, then all that a foreign corporation would have to do would be to make contracts for 50 years with some citizens as its agents and the power of the State to rid itself of the corporation within the 50 years would be destroyed. (This position is untenable. This principle does not apDlv to contracts of insurance already made between citizens of this . State and foreign insurance companies, nor to contracts of insurance hereafter made between citizens of this State md such foreign companies who are not doing business in this State. It is said that by reason of this act the Liverpool & London & Globe Iniirance company has been comrvAl1p.fi trv withdraw from (business in this State. That is a statement of i conclusion of fact and "not admitted/ by the demurrer. The facts stated in the record do not bear out the conclusion that this company was compelled to withdraw from business in :his State by reason of the act of the legislature. This xcompany has alre.idv withdrawn- from the State. The iffidavjt as to unlawful combinations is rot required to be filed now. It is :o be filed 1st March, 1917. (The act contemplated a year and the necessary delay must be added). And that iffidavit is for a renewal of the license to do business for another year, rhat affidavit is that they have not entered Into an unlawful agreement within the year. That feature, there :ore, can nave naa no legitimate ei!ect on its withdrawal in 1916. Review s>t Rates. The objection to the other feature >f the act, that rates shall be submit:ed to the insurance commissioner in >rder that he may see that they are lot discriminatory or unjust, leads inevitably to one of three propositions: 1. It is impracticable to get a :air and just review of rates in this State, or 2. The insurance company desires to make discriminatory and untust rates, or * 3. A denial of the right of the State to impose any conditions on its right to do business here. There is nothing in the petition to sustain either of the three propositions. The constitution, article 2, section 13, requires the legislature to enact laws to prevent agreements against fhe public welfare. * The legislature must primarily determine what agreements are against the public welfare. The petition is dismissed and the injunction refused. rnuiT* rrcvo Am Axrr* XTL^uro ami? iuu xxxuivrLi.ii^ iiun tj YEAR FOR $1.50. ?jpr r I'illlKE ( OMPAMES KKI *> IHEIK A\.MAL MlMO.N ! 31 eel ins at .1. L. Stoddard's Saturday \Kjs greatly Enjoyed By the Veterans. ! Larens Herald. All reports from the meeting of ;.eterans held at Mr. J. L. Stoddard's ^ ? * A \ r?.\ f s\ U o f if wot? i uaiuiua; uiuiiaLc LUCI-I it ? ao | an enjoyable' reunion, as is shown by ! the following contributed article by i one who attended: i The 30th annual reunion of the sur! vivors of Co. G. Laurens Briars 3rd i regiment; Co. E of the ith and Co. j-E of the battalion was held mt the j heme of J. Lewis Stoddard, a charter j member of the Briars Saturday on the i invitation of him and his accomplislij ed a. d loyul daughter. Miss Cannie. J Hew well they prepared for and en1 tertained the oKl boys and that splenI did gathering, those who were so i fortunate as to be there can tell. All hands unite i.i saying that this ! v.-ms the best reunion we ever had ' and we have never failed to have : a good one in thirty years. I Of the companies mentioned above i j t iere were in attendance four of the i first, five of the second and one of 1 the third. Col. 0. G. Thompson pre' sided and the meeting was opened 1 with prayer by Re.". Matthewson. | This was followed by a song and 1 then by an eloquent address of welj come by Dr. H, B. * Stuart, which j which was responded to in fitting terms by the presiding officer. Messages of loyalty and affection a.:d regrets of enforced absence were' read from Col. Joseph <X. Brown, Capt. H. P. Griffith and Judge John 'T. Bramlett. These. were followed by ada* isses by Col. J. H. Whiarton at his best, and you know what that means, and j John E. Harrison who never fails {to interest and instruct. After these (came dinner, and such a dinner! A separate table for soldiers, with hask. coffee and all sorts of good things in aouuuctij.ee, W. G. Peterson and E. P. 'Bradley of Co. B, 3rd regiment, with Col. E. H. Aull came up from Newberry, adding special interest to the enjoyment of the occasion. Comrade Peterson gave an interesting account of Ms visit to the battle fields of Sharpsburg, Harpers Ferry, Fredericksburg, Chanfcellorsville and the jVTilderness. On the last ramed he set up % a tablet on the spot where Col. Nance fell. Comrade Bradley was presented as the last color-bearer of the 3rd regfment and was given the ^ebel yell while the same old reg flag,'that has been in the custody of the Briars since the close of the war floated to the 'breeze. The speaking was concluded with a splendid address by Hon. J. J. tMc Swain of Greenville who is a master on the Confederate soldier and his cause. Wash Barksdiale, our colored survivor, was on hand. Wash was servant for his young master, Tom Barksdale, a noble young man of the Briars, who gave up his life at iCfaickamauga. Wash has been faithful always, attending all reunions, a? r>*J. _ x _ a 4-:^ i couniy, state 'jiuu uauwdi. Thanks are extended to the young ladies and gentlemen from Fountain Inn for their spledid singing. iT'he meeting at Lewis Stoddard's will never be forgotten. PEEPLES FOR REELECTION Attorney General of State Announces Candidacy. Columbia, April 25.?Attorney General Thomas H. Peeples today formally announced his candidacy for reelection. Mr. Peeples is serving his second term and his record in office of attorney general has made a fav' ? : M oraDie impret>5>iuiD unuuguuui. State. fT hose in position to judge impartially, say that Mr. Peeples has not allowed partisanship to influence him in the slightest and, in fact, "he is known as a non-partisan official. So far there is no opposition to Mr. Peeples. His record -for his present term shows several big cases won in both the State and federal courts and Mr. Peeples will have a fine showing to make when he goes before the voters this summer to render an account of his stewardship. RUB-NlV-TiSM Wih ~;e Rheumatism, fslcualgia. Headaches, Cramps, Colic 'prsins. Bruises, Cuts, Burns. Old He*. Tetter. Ring-Worm w Zc* #*rr. *i>Hsppti(5 Amwlyiie The Guinioe Thtt Does Not Affect The Head Because of its tonic and laxative effect, LAXA1***71? ddavo nntWTKV i? hotter thsn ordinary Quinine "nd does not cause nervousness no: ringing in head. Remember the full name and took 'or the sijmature E. W. GF>' VE. 25c THE HERALD AND NWS ONE YEAR FOR ONLY $1.50. jliOY. IJ1EASE TO SPEAK AT JOLLY STKEET for. Blease and 'Mr. C. C. Wyche : will speaK at the Hunter-DeWalt school house on Friday morning at i 11 o'cIock, May 5. The closing exercises of tne school will take place on | Thursday evening preceding and on | Fiiday mere will be a picnic and the ! speeches of Gov. Blease and Mr. : I Wyche. The public is invited to atj tend. i j JUST PLAIN COUNTRY. _ ? Beauty to Be Found In Rural Scenes Round About Home. Like ninny another person of the present day. I have from time to time ( j traveled as far as my means would j j permit?and a liitLe farther?exploring j | countries new and strange or new and ! straii^e t<> me. climbing high mountains. sailing broad seas and making the acquaintance of coasts as full of "'"'"l'"' "?'l ti? mrftiipv J?t? th#? ' n V,,UVl VI o?vi'i | u iii^'s of trulls, washed bv green waves, i as were the far shores of Odysseus" i wide adventure t<> Odysseus. And I ! have had huge enjoyment in it all. standing to watch at distant corners of the earth the pageant of wind and wave and clord. trudging up unknown hills i:i ;i fine i.:<>i?d <?f adventure, driving across mountain passes into counig tries as fresh and ;is enchaining as if they had been created overnight to meet this first fresh sense of quest. Yet sometimes and oftentimes I realize that no' strange shore or wonderful mountain range has brought a sense of pleasure quite so deep as that | which < omes at moments in mere eoun, try, the plain country of the laud of home. I do not mean any of the show I regions of America. The glories of the ! Canadian Rockies, the wonders of the Vosemite. are unknown to me. I mean the common country of old fashioned fences and winding roads, where tangles of alder and sumac cluster by , the gray rails or grayer stone?com1 mon country,, where the bay grows I long in June and tbe woods creep close j to the haytields and a little stream perj haps goes threading its way softly be j iween lue j; rawer*. Here is no sense of effort in your enjoyment. All is near and dear, famil-1 lar, perhaps for generations a part of your forefathers' lives. There is no need to try your eyes to take in the meaning of jagged rock outlines and heaped earth masses or stretches of desert sand. You have not purchased va?r expensive ticket whose worth to the uttermost penny must be extracted from the panorama before you. ' making you study it anxiously, eager to do your duty by every shade and outline. You do not have to strain to the sublime, as you do when confronted by scenery, capitalized scenerycapitalized in every sense of the word. You do but sit quietly upon some j green bank, full of unforced pleasure i that hardly names itself pleasure, so' j unconscious it is.?Scribner's. 2 i Quarries of Carrara. The wealth of the city and province of Carrara. Italy, which has wx>pul:ition of 220.000. is derived from the ">00 quarries, which give employment in one way and another to over 8.000 workmen. The quarries are situated in the mountains above the town, and the stone is brought down to the. plain to be sawed and worked, largely in shops connected with the homes of the workmen. Explosives are used to ob tnin Hip largest size blocks, although | wire saws driven by electricity are used in a few instances to quarry tbe blocks to the desired dimensions. Russian-American Calendars. The Russian calendar is thirteen dav9 behind the calendars of other Christian countries, and unless this fact is familiar to correspondents in the United States considerable confusion arises over the dates of letters, telegrams. | etc. Usually in Russian business corj respondence both dates are used, the I Russian date oavmg aner u me ?rnc?^ 0. S.. meaning old style, and the date of foreign countries. N. S., meaning new style. For instance, the Russian Christmas occurs on Jan. 7 N. 8. and the Russian New Year's day on Jan. 14 N. S.?Commerce Reports. WE GUA GRIG ?^ mm Liv - V( To cleanse the syster To restore healthy a Liver and To assist in relieving cor i 1 l? !11_ J_1 tuae 01 his uie uuu If you are not entirely sa we will cheerfully ] In the Spring your system as your house or premises will beat LIV-VER-LAX and in keeping you hardy Gilder & JOSHl'A ASHLEY ' CLAIMED BY DEATH . Prominent in Anderson County Politics?Was First Elected to House in 1892 and Served for 20 Years. Xewe and Courier. Anderson, April 29.?Joshua W. Ashley, prominent in Anderson coun ty politics since 1892, died at the home of his son, Sheriff Ashley, in ^ this city, at 5:25 o'clock this morning. d The funeral services will be held at Mount Bethel Baptist church, near Honea Path, Sunday afternoon at 2 o'clock. Mr. Ashley was born December 16, 1S48, in the upper edge of Abbeville county, but moved to Anderson county about the time he became of age. * ile devoted his time to farming and ran a small store on his place, open- ^ ing a store on a larger scale in Honea Path. Mr. Ashley v:as one of twelve children, of whom ni;:e survive him. He married Miss Mahala Moore wlien ^ quite a young man/ and she, with three sons and two daughters, also survive him. Sheriff Ashley is one of the sons and Mrs. James N. Pearman, wife* of the clerk of court, is one of the daughters. Mr. Ashley suffered a stroke of facial paralysis soon after the 1912 primary election. (A second and more severe stroke came on him in 1913 and he voluntarily retired from politics a year later because of his physical condition. A third stroke came later and he lost the use of the mem bers of his body. Last Thursday night he became critically ill, becoming nco..sciou3, and he remained in a comatose condition until the and this morning. Political Record. In, 1890 Mr. Ashley was put forward by his friends as a candidate for the legislature, but refused to make the race. Two years later he offered for the house and was elected. He was reelected again and again, serving in the house continuously for twenty years, with the exception of two years, when lie was defeated for State senator. He fought extravagant appropriations and was dubbed "watch dog of the treasury-" favored m _ A ^ _ 1 measures in iavor or tne iariuers ana laboring people and was the first representative to introduce a bill regulating" the hours of the mill operatives. He fought for liberal pensions for Confederate veterans and their windows and was a strong friend the Hospital for tlie Insane and Deaf and Dumb Institute. Mr. Ashley was an arch prohibtionist and fought the establishment -of the dispensary system. This "was Governor Tillman's only policy that he was not in accord with. He also differed with Governor Blease on the liquor question, but was his strong supporter in the different campaigns. Mr. Ashley was instrumental in having the Lloyd Radical bonds wiped off _ the books of the State. \OTPfE OF FINAL SETTLEMENT I will make a final settlement of the estate of Emma Shealy in the. probate court for Newberry County, S. C., on Tuesday the 30th day of May, 1916, at 10 o'clock in the~ fore^ noon and will immediately thereafter ask for my discharge as executors of said estate. R. 0. SheaTy, G. E. Shealy, Exors. April 29. y Only On? "BROMO QUININE" to get the feouine, call for fill name, LAXA> riVS BROMO QUININE. Look for denature of E. W. GROVE. Core* a Cokl in One Day. Stop# coach *ci headache, and works oft cold 2U* RANTEE QRY'S ir - Lax a of poisonous toxins, etion of the bowels, Kidneys. istipation and the multi* M 1 J. _ an lamily is ne r to. .tisfied with the results, refund your money, needs cleansing the same 3. There is nothing that in toning up your system, and hale. r W ppks. _ I - V /