The Horry herald. (Conway, S.C.) 1886-1923, November 05, 1908, Image 4

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

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-', aide is made by the best and most 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 Split Steel Pulleys. I UC I UTANDAHI) DRflGN (vibbes rorl Tj ) A money-maker indeed. AX S MLf. Write. -rv GibbesM Good! (jjp chlnerj BOX 1200, ? Southern States , oVCL r^a^hUTery j^L?/ Plumbing 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 have many excellent vacancies. Yfm 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, or Telegraphy ana Railroad course. Positions guaranteed under reasonable condtflone. Write at once for our eonoelltfated Catalog. I>arge?t College South. Let Me Shop for You??If you want street suit, wedding trousseau. evening or reception gown, lei nend you my samples and estimates. Can- eive any price gov* the market affords, Simple and Inexpensive, or handsome ??i costly. Miss J. H. JOSBPH. !? ? Franklin street. Louisville. Ky. A Ft)H BALK?Common building brick, ' red color, Immediate delivery Price upon application. CteMMt^a Press Brick On., Camden, B. O. 'ulley That All Want. SCARRY A LARGE 8T0CK. y a larsre stock of Wood Pulleys Hangers, Belting and anything else it wish in this line. When you are irket, write us LUM8IA SUPPLY COMPANY. Columbia. S. C. tSlMP** Shingle mui. Next Latest Model. A "TRlUMPH"?*m. I P*rr<l with old UUaU ones. Hard W?o<l YV GCK I ('#rrl#ff?, Solid *Ja Steel Truck. ?i?8mootheHt Action. TTT i 1 W atch m?nL Qnlckly pays for It- TtllS acfiinerv fn >bc? Gnaranteed Ma- Qy^O />A nil klndH LjJk/Clv/C? COLUMBIA, S. C. Supply Cgvi?\ny ia, s o. \