The Horry herald. (Conway, S.C.) 1886-1923, November 05, 1908, Image 4
WILL IT B? DONE?
The State Supreme Court Issues
Mandamus Against Commision.
CLAIM ORDERED PAID
'I'hn At(onic) I'm' tlio Winding Hp
Com miss ion Will al Once Tnke
il?o Ciuto to tlie Supreme (k?urt
?( the I'nitod Sinloh for Kearini;
and Decision.
The Columbia correspondent of
The News jiikI Courier says practically
roafll ruicd the position taken
by that Court in regard to the dUnenanrv
funds and granted a man
damns against (ho commission ordering
it to pay h claim approved by the
donoral Assembly notwithstanding
the injunction against such payment
l'roin the Kodorul Court. The attorney
for the dispensary con mission
at once gavo notice of appeal irom
the Supremo Court's order, and the
case will he at once taken to the
Supreme Court of the United States,
and it is probable thai the case w'.il
IK! argued before that tribunal at
ihe same time as the Plelschman
(use, that goes tip from the c'ederal
Court of Appeals to the Uoderul
Supreme Court, both cases involving
the same points as to the powers of
the dispensary winding-up commission.
The decision of the Court i.; this
new case in full Is as" follows, making
the decision in the previous case
of Lyon against Murray et at i part
of this decision:
South Carolina?In ilie Supremo
Court, Original .Jurisdiction ?The
.State of South Carolina ex re I A.
W. Kay, trustee, petitioner, vs. \V.
.(. Murray and others.
It appearing that the questions
raised in this proceeding have been
adjudicated by the ease of the State
ox rel J. I'\ Lyon vs. W. .1. Murray
and others, and that the return of
the respondents is insufficient for
the reason set forth in the opinion
in the said case, now on motion of
I). C. Kay, attorney for petitioner:
It is ordered that a peremptory
writ of mandamus do issue requiring
the respondents to pay the money
due the petitioner, as sot forth
in the petition. The reasons for sa*d
judgment are stated in the opinion
in the case of Lyon vs. Murray
uoove rcierrea to, wnicn opinion is
to ho made a part of this decree,
and the Court reserves the lieht to
hie a further opinion in case it deems
it necessary.
Y. J. Pope. Chief Justice.
Ira It. Jones, A. J.
C. A. Wood s. A. .1.
Prior to hearing the case the
court granted the motion t'> make
the State a party to the ease on consent
of the Attorney General, as follows
:
The State of South Carolina, in
the Supreme Court: The consent of
tho State having been elven to tno
use of its nemo in the or.se of A W
Hay, trustee, petitioner, against W.
J. Murray et al.
On motion of I). C It,;y. attorney
or petitioner, it is ordered that
the petition for mandamus, and other
pleadings in the cause be amended
by inserting in the captions thereof
tho words "Tho State ok rel," so
that said pleadings as amended shall
read in the name of the Stale ex
rel A. W. Uay, trustee, agii-.i-t W.
J. Murray, John McSween and Avery
Patton, as State dispensary commission,
respondents.
V J. Pope, Chief Justice,
Ira U. Jpnes, A. J.,
C A. Woods, A. J.
v-tT .. Columbia, S. C., Oct. .10, 1U0K.
\ When the Court, was convene 1
there were present Chief Justice
.. .. .4 A t . 1 i J /
i u|ti) (in u rvhhuvi Jilt* j 11 hi n*u i*ruy.
.fonos and Woods. Mr. I). C. Kay.
formerly Attorney General, representing
the petitioner, lily brother,
Mr. A. W. Ray. made a brief argument
for bis motion, relying prinripally
on the decision of the Court (u
- * the case in which on mot ion of the
Attorney General last. winter an order
was granted compelling the com
mission to pay the sum set aside from
the dispensary funds for the prosccu
Hon of alleged dispensary grafters.
\Tho commission, respondents, were
represented by their regular counsel.
? tfr. "W ! * Sbevenson. hit position
being that under the orders of the
Koderal Courts the commission cannot
pay out any money except, on the
order of that Court. Attorney Gen
I * ..A?V C At < o . I
, ithi ijyuii, ???r nit* man*, appea rou
in support of the position of Mr
. ?ta y.
II. will l?e recalled that Mr. A \V.
Hay is the purchaser and present
owner of .1 claim against the Safe
dispensary formerly held hy a distilling
company, which claim the legislature
has ordered to ho paid. The
question is now squarely up whether
lho State Coairt or the federal Court
is correct, (he dilute Supreme Court
holding that the commission is the
agency of the Slate and the funds
i in its hands ar? Stale funds, while
L the Fode ia4- Court holds that in ere
atlng thia^CCEflpifSHion the General
H Assembly* Established a trust fund
[ for the bencht of the creditors of the
Slate dispensary and that the funds
do not belong to the State. The
opinion of the State Supreme Court i
I
MCNSATION AT WOODING.
Wili^l Woman Presents Child I ?
Groom at Altar.
A most sensational event too.;
place nt a wedding at Fall Rive,
Mass., Tuesday. The marriage of
Charles J. Regan, banker, and Miss
Mary R. Chadwick was the social
event of the season. The church
was filled with friends. After the
ceremony the lirido and members of
the wedding party started down tiit?
aisle as the wedding march was
played.
A closely veiled woman, clad !n
black, rose, picked up a four-yearold
boy and hold out to Mr. Regan.
"Stop, Charles Regan!" she cried.
Miss?Miss Sullivan !" gasped Reagan.
"Yes, its I." answered the woman.
"Here he is; here is your child;
I've taken care of him for four years.
Now you must take him?-you or
your wife."
The woman turned and walked
out. The bride fainted and friends
were horror-stricken. Regan stood
alone in the church aisle, holding
in his arms the baby, who was crying
for his mother.
When the bride revived she returned
to her homo alone. Mr. Reagan
left town, refusing to ina't
known his destination. lie took the
child with liiin.
CHIMIN AI i CAR K 1,FSS N F.SS.
I little Colored l?oy is Killed by a
Stray Shot.
A dispatch from Laurens say.?
quite an unfortunate accident, sine.'
accident It appears to have been
from present reports, occurred late
Thursday afternoon .n the western
part of the city, when Abo Shell, .1
little negro hoy. aged six years, was
shot through the bowels with either
a pistol or rllle, indicting a wound
that a few hours later proved fatal.
The hoy was standing in the front
yard of Ills home near the power
house when he was hit. lie at once
went to bod, where his motner
coming in a little later found him,
She communicated witli the police,
seeking medical stid for his child
which was secured. It is reported
that, two or three young white boys
of the city were in the Copeianri
woods near hy shooting, and the supposition
is that a stray shot from
their guns or pistols struck the negro
hoy.
MAKICIUD Will HO mtLNK
And Took Ilia Life I'jmhi Sobering
lip Afterward*.
n??. _ ii?- * + ? ' ? *
iiu; buiciae 01 w. uutcninson, a
wealthy land owner of Hurrlso i
county, was the culmination of a
sensational marriage In Paris, Ivy .
Tuesday afternoon, in which Hutchinson
and Miss Nannie Sweeuford
were the contracting parties.
Hutchinson's suicide took place
loss than twenty-four hours after th3
wedding, and followed an effort on
his part early Wednesday morning
at Paris to have the marriage set
aside.
He consulted an attorney with
this view, telling hlin that he knew
nothing of the marriage unt'l
Wednesday morning, when he found
himself in the homo of his bride
in Cynthianu, where he was made acquainted
with the facts.
Hotli Hutchinson and his bride
were prominently connected. He alleged
that he and several others wer*
Intoxicated when the marriage was
performed.
MVAXS A\l) FIMjHY SPAM.
Two Well Known Spartanburg Lawyers
Come to Blows.
A Spartanburg dispatch says the
Hon. .John (Jury 10 vans and Mr. S.
(}. Finloy, well known lawyers, anrl
who, unui recently, wore associated
in the practice of law, engaged in
a personal difficulty in the law office
of Nicholla & Nicholls at a reference
which was being held for the purpose
of settling the business affairs
of the former partnership of Messrs.
Kvans K- b'liiley. Mr. Finley took
offence tit a statement made -by M~.
lOvans and they came to blows. Mutual
friends rushed between the warring
lawyers and stopped the fight
before either sustained Injuries. *
hilled in l*i-i-ie??
A mob of about thirty men attacked
the Roane county, Tenn ,
Jail Friday morning, and killed (ieo.
Cook, hold on the charge of murdering
John King, a few weoks ago.
All but two of the mob ware masked.
The identity of one of the mob
is known. *
Killed From Ambush.
J. (?. Jono3, a prominent, merchant
at Holland, Va., was shot from ambush.
in his own yard, Monday night
and died tuoaday of gunshot wounds
and pistol wounds. Thero is no
Clue. Jones was to have given testimony
in a contest will case.
in the former caso was written by
Associate Justice Woods, and was a
very strong document. It will not
ho reviewed by the Supronic Court
of the United States. * j
*i HE GAMfc LAW I
IN'TKRKSTINU SL'MMAlt V 1?KIV
lWltKi) IIY SKC. HICK.
Tim (i*mr II in In and Noii-gaiuo
Birds Dolliird by tho SUtutw,
Which Are Very Rigid.
The Auduhou society in in receipt
of request dully for copies of tho
Kiimo laws. These can not be ?upplied
since tho issue has been exhausted,
giving conclusive evidence
of tho interest felt iii the subject
all over South Carolina. Tho soclety
has requested that extra copies
be returned. Requests have come
also from other States. To make
tno j)riucii>al points clear the following
is a summary of the more important
laws as prepared by Secretary
J as. Henry Rice, Jr.
( wine Birds.
Tho statute of 1905, passed two
years before tho Audubon society was
Chartered, delinks what are game
birds and what are not. The Kane1
birds are: Swans, wild geese, brant,
wild ducks, rails (marsh hens),
coots, gallinules, surf birds, snip?,
woodcock, quail ( parti idge), rice
I hlr.l lilurk hlt-.l ..i.
_ - * r \j? i \jv* v. ,
upland plover, curlew, wild turkey
and prairie chicken.
It is not known to th?> socio!>
why prarie (pinnated grouse) hen.
wore put on this lint, nor why Mongolian,
or ring-nocked, pheasants and
j ruffed grouse were left off. There
are no prairie chickens in South
Carolina; whereas there or o both
, Mongolian pheasants and ruffe.i
grouse, hut. such Is the law.
j Tim above birds may la- shot in
the seasons permitted by law, or
taken in those seasons b> any imtuI
od which tin; law allows.
Non-gauie Birds.
All birds not on this list are noilgamo
birds within the meaning of
i the law and may not be killed at any
time; nor may their nests or eggs
he destroyed. It is a misdemeanor
to have in possession any part of a
non-game bird, such aa feather.?,
body or sklD; and it is equally
against the law whether ouch was
killed within or without the Stute.
In the preamble to this uct it is
stated: "That ail wild birds, whether
resident or migratory, in tills State,
1 shall be, and ure hereby, declared
to bo the property of the State.'
Thai is the law of South Carolina.
IIIiiIh That Alt' Kxcepted,
The act further recites that the
Knglish spurraw, cooper's hawk (the
chicken or hen hawk), the sharpshinned
hawk (known locally as the
"Blue Darter"), the greut horned
owl and all other birds which are by
nature destructive of other bird<b
ure not included umong the birds
protected by this act, nor ore the
nests or eggs of these birds protected.
A person in allowed to kill crows
on his promises if they are destroying
crops, but he is not allowed to
sell them or their feathers.
No non-gumc bird may be shipped
out of the State nor may the eggs
or feathers of such bird lie shipped.
For Scientific Purposes.
Certificates may be granted by the
secretary of Stute to any preson of
the age of 15 or upwurd, who it
properly accredited, permitting the
holder to collect birds and their eggs
for sclentilicofi cmfwypshrdlurdluk
for strictly scientific purposes. The
applicant must be endorsed by two
well known ornithologists, and If it
Is proved that the holder has taken
birds for other than scientific purposes
his certificate will be nt once
canceled and not renewed. Besides
he will be liable to a fine of $100 or
3 0 days' imprisonment.
It will be seen that no woman bns
tne right to wear the feathers of a
non-game bird on her hat; it is an
indictable offense under the laws of
South Curolina and it might be added
that it is an indictable offense under
the laws of almost every civilized
country in the world. There nro
150,000,000 birds used up in the
plume trade of Europe every year,
these birds being imported from
Asia, Africa and Polynesia. Many
species have become extinct through
this savage slaughter.
The Open Season for Gamo.
According to the act ol 1000 seasou
for shooting partridges, wild
turkey, woodcock, Mongolian or
other pheasant is made from November
15 to March 1, with the exception
of the following counties:
Beaufort, Hampton, Ikircheste*,
Colleton, Charleston, Harnwell. Perkley
Aiken, Oconee, Fairfield, Saluda,
Georgetown and Clarendon.
These counties have rrom November
1 to April 1. Lexington was
formerly among the excepted conn
ties, but bus boon tukon up and tin)
season there Is from November lf?
to March 1.
The deer season is* from September
1 to January 1, but the Jaw applies
only to Georgetown county. Tho
rest are froru August 1 to February
1.
Game Birds Not to He Sold.
Tho act of 1906 makes it a misdemeanor
to sell, or offer or expose
for sale, to pot hunt, net or trap, or
by firelight to pursue with Intent
to catch, kill or Injure any of the
game birds named in that section.
Tho handling, possessing or ownership
of these birds is prima facie
evidence, that tbej are being offered
CKNSl'S COTTON KKl'OUT.
Ov?r Six Million llalrs (iiiuicd I'p
to Ortolan- IS.
The census report on cotton Issue!
Monday shows a total of 6.283,780
bales, counting round as half bales
ginned from the growth of 1908 up
to October 18 and a total of 25.4 40
active ginneries.
This is as compared with 4,931,621
for 1 906; 4,990,566 for 1905
and 6,447,894 for 1 904.
The number of active glnnerioa
in 1906; 4,996,556 for 1905 and
6,4 1 7,894 for 1905 was 26.577.
Hound bales included this year
number 1 15,438 as compared with
97,957 for 1 907, 132,1 44 for 1906
and 14 6,574 for 1905.
Sea island bales aggregate 32,4 62
for 190S, 18,775 for 1907; 12,091
for 1 908 and 31,4 87 for 1905.
The report by States giving bales
(counted round bales as half bales)
is as follows for the States named;
State. Hales.
Alabama 690,788
Florida 34.577
Georgia 1,119,617
Louisiana 2 0 6.0 2 r
Mississippi 621,4 23
North Carolina 276,173
South Carolina 653,076
Tennessee 132,227
Texas 2,041,570
Virginia 2,816
Kncli report also announces that
corrected statistics of the quantity
of cotton ginned this season to Sep
| leuibcr - ? are 2.r?b0.63J> bales.
I llVDHOI'IIOltlA TKKATU!) FHKK
|<?corgic Stale ilonnl of Health Cures
|
lor Victims.
j A dispatch from Atlanta says had
not the State board of health made
arrangements for troating free of
charge persons threatened with hydrophobia.
it is quite probable that
many deaths front this dread disease
would have rsulted during the past
summer and fall. The season just
passed was one most unusual in
this line. There seemed to have
been an "epidemic of mad dogs.
Realizing that there were many
people in the State who might be
victims of rabid dogs and who did
not have the means to pay for this
treatment, the State hoard of heal'h
made arrangements to treat patients
without charge if brought to Atlanta
or to send the treatment to the
physician of the putient with instructions
how to use. Since July 29.
when this plan was put into effect,
lf?0 patients have been treated and
this work has been demonstrated t>
have been one of the most impotant
branches of the State board
of health.
The last patients under treatment
are the wife, three children and the
niece of Sheriff George It. Roberts-*!*.,
of Hibh county, who were bittau by
a mud dog on October 12. *
HKAVV CHIMIN.\I. IX>CKBT.
Ci^ht Murders Committed In Newberry
In I?'our Mouths.
What a tremendous mania for
murder Newberry must have. The
Herald and News says: 'Solicitor
Cooper has ordered a Hocond week
for the criminal court at Newberry
and it in probable that he will he
unable to compete all of the criminal
business even with the two weeks
of court.
"There are probably more criminal
cases on the docket at Newberry lor
this court than has heon there tor
many years, and we do not recall at
any time within our recollection of
the criminal court at Newberry when
there were as many murder cases.
"There are now eighteen prisoners
In Jail, four of these are appeal cases,
and one a prisoner from the chain
gang who is sick, leaving 13 prisoners
in Jail for trial. In addition to
these a number of those charged
with crime are out on bond.
"Since the 29th of June there have
boon eight homicides in the county;
and there are twelve prisoners, eight
principals aud four accessories charged
with murder."
Mmlo to Irt'uvr.
Citizens of Pooler, ten miles from
Savannah, where Wednesday morning
12-year-ohl Solomon Keilly, colored,
shot and instantly killed Mrs.
Lizzie Torrance, ordered the boy's
mother and brother to leave that section
of the country, giving them four
hours in which to go. At the end
,n r ? i* i ~ ?
wi niu mm) ui Kmce me negro ramily
had disappeared. *
Passed Over Kings tree.
A Ixilloon passed over Kingstrce
Tuesday morning at 10:15 o'clock,
traveling in a southeasterly direction,
towards Charleston. It was
too high to distinguish the occupants
but one could alomst make out the
" ~"\r of a flag.
for sale.
These are the laws of the State
of South Carolina, made by the lawful
representatives of the people and
are binding on every citizen whether
lie thinks they aro wise or unwise.
The first consideration is that they
are tho laws of the land. Any person
lias the constitutional right to
make representations to the legislature
to have any law changed, but
wb^le it is on the books he is bound
to obey it.
STOLE HIS JEWELS
A STKANGE HTORY l OilKS KHOM
CHICAGO.
Hobbary, Itouumoe uud Aflaitf Mih
Kled la Many Nidwd Stacy KotcuI<m1
by Woman.
At Chicago a many-Hided Htory rf
rohl>ery and romance of the affinity"
variety in revealed in the arrest,
announced Tuesday, of Mrs.
Martha Mabelle Dunphy. wife of'
John Dunphy. a prominent Boston
physician, on a charge of appropriating
$ ln.ooo worth of diamonds and
securities.
Charles E. Giles, a Boston moneylouder,
is the complainant against
Mrs. Dunphy. llis story to the Chicago
police included a recital of supposed
doings at the Great Northern
hotel, which were conducted when
Mrs. Dunphy disappeared during Ins
absence from the hostelry. The v-il laMes
disappeared said he, al vig
with Mrs. Dunphy.
The accused woman, however is
emphatic in her lerials of the onttr-,'
ptory, declaring that it is trumped up
by the money-lender in a spirit of
revenge. Her husband in Boston
stoutly maintains that there la no*hi
11 k to the charge.
In the course of 'lie police investigation
it dev< loped that the stolon
property originally had belonged to
Mm. Dunpby, but hud been deposit-1
ed with Giles as security for several '
mans.
"It's all a pack of lies." tearfully}
exclaimed Mrs. Dunpby when asked 1
about the charge. "It's an outrage. )
If there is to be a trial, it shall be'
in Moston, and not in Chicago."
(Jiles first made his complaint to
the police here something over a
week ago. lie declared that he
started wltn M?s. D inphy for Poslon,
where she was going to transfer some
real estate to him in payment of
her indebtedness for money loaned
to her. The transaction was not
mode, however, Raid he. and they j
retinae 1 to Chicaeo.
At the Great Northern hotel be
told Secretary William Luthart, of
the detective bureau, they occupied
the same suite of rooms. During
his absence from the suite one morn |
ing. he added. Mrs. Dnuphy called a
bell boy and complained that hIo*
had lost the key to her trunk. ;
The bell hoy was offered a dollar j
to optu it for hor, the story goes,
he broke the lock and left the trunk
in Mrs. Dunphy's care. When Giles
returned, he raid, Mrs. Dunphy and
the valuables hud disappeared.
Was Not a Keal llalloou.
It has developed that the balloon
reported as having passed over
Kingstree was on?y a "fire" balloon
sent up from the back lot of an enterprising
merchant. In daylight |
and ut a distance it looked like o
real balloon, and ho fooled all Ike
pt*ople, as can 1>? done sometime* *
Rujiac a I Ma no or an Organ In Not
Hard
when you coma or writ? to us.
Our Pianos and Organs or? guaranteed
and up-to-date, and at a reasonable
price.
The cases are beautiful, the in-',
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experienced incn in their lines, so
it la no wonder our pianos and organs
holds their sweet tone a lifetime.
Write us at once for catalog and
special price and terms, stating preference
piano or organ.
MAJA)NE*S MUSIC lJOUHB,
Columbia, 8. C.
Pianos and Organs.
WANTRI>?Pine logs bought toi
cash. For particulars addrna*
Press Lumber Co., Hunter, f). C..
The American All-Wrought Tlip t
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UTANDAHI) DRflGN
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PHONI
COLUM B
WKAPI'KD I?*r NVSTUItY.
Two Servants in a Hoasehold Dk?
Very Suddenly. .
10d aud Laura Davis, servants la
the household of Kov. Dr. Cartrr
Helm Jones, recently anrrled
Oklahoma from Lynchburg, Vi ,
mysteriously met their death so:??'
time between Saturday Bight and
Tuesday morning. Their bodies
wore discovered before doou by Dr.
.Jonea, who reported the matter te
the police. How they came to their
death Is a mystery.
There wan no evidence of violence
on either of the bodies. The
man was found lying lu a bod in
uppor room of a new parsonage boob >x_
to bo occupied by the Rev. Dr. Jones,
while her husband was found dead
on the floor. On a chair the oflleer?
found a half bottle of whiskey, ulse
a partly emptied bottle of blackberry
wlno. Dr. Jones scouts the idea that
they committed suicide, and euys
they were not addicted to the use or
drugs.
Dr. Jones ridicules the idea tJha>.
the black berry wine, which is
thought to have contained poison,
could have been intended for him
He said the wine was home-made,
and the kind ordiuarily used in th
preparation of jams, it was broaghidA
along with the other household
from the Jones family (rum LfBt'aburg.
Vu. *
Train lilts 1 a>u (.art.
Passenger train No. J 2, which
passed Orangeburg from Augusta on
the Atlantic Coast Lino ou Thursday
afternoon about fllvo o'clock,
was derailed near Pine wood th j
same evening. The engine of tne
fast train struck a log cart as It was
passing across the track, tearing
away the pilot and derailing the engine.
Engineer J. L. Wysoug was
at the throttle, hut neither he nor
any one on the train was Injured
An engine was sent to the disable*!
train and it went on lato Florence,
reaching there about two hours
laic.
The Wage* of Sin.
At Augusta, (?a., on Sunday Bight,
James Mc.tourphy, twenty-live year,
of ap was probably fatally shot,
at a house in the redlight district,
and Is expected to die during the
day. John Keener and Joe Stafford
arc both charged with the shooting,
CLASSIFIED COLUMN
WANTKI).
TKACIIEKH?TRUSTERS.
We see ore schools for teachere and
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recommend teachers to trusteee
and sell school furmitnre ?f all
kinds. Write. Southern Teachers'
Agency, Columbia, g. G.
WANTHIh?-By the American Gotten
and Business University of MY11edgeville,
Georgia. Students to
take one or more of our ceiii***?
In cotton grading, buying had
selling. Business course of Bookkeeping,
Shorthand, Typewriting,
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under reasonable condtflone.
Write at once for our eonoelltfated
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COLUMBIA, S. C.
Supply Cgvi?\ny
ia, s o.
\