University of South Carolina Libraries
CLEAR CUT VIEW Julie* Harlu Filet Diweeliej Ophite h Sluld 09 Case. BE WARNS TBE NATION I / ? Hays the Most Alarming Tendency of the Day, So Far as the Safety and Integrity of Our Institutions Are Concerned. Is the Tendency to Ju tibial Legislation. Justice Harlan's dissenting opinion in the Standard Oil case has received a most careful consideration, ana is being discussed by a large majority of the officials as well as other people. "As to all the chief justice has said about the illegal combination of this oil company and its coining within the anti-trust act, I cordially concur," said Justice Harlan at the outset. "There are ,however, some things In this opinion, and what are to result from this opinion, which I think I may very well alarm thoughtful men, or many thoughtful men; and aiu willing to let thorn pass with any idea that T approve them." Justice Harlan referred to the antitrust act of 1890 as being passed at a time of great unrest regarding aggregation of capital and referred in aimpoma Pflll rf rlorMHinnS 111 "V \J liiu OU |/? vttl V V- V v? ? V V the trans-Missouri and joint traffic cases saying that no view was pressed in this case that was not brought out in those two cases, under which he supposed millions of dollars of property ibave changed hands, and that unsuccessful efforts had been made at every congress to get the Sherman anti-trust law amended. The trans-Mfissouri case, he pointed out, involved construction, as to the scope and meaning of that antitrust law. "We hear a good deal about the 'lamp of reason,' " lie said. We hear that the time has come when we should hold up the light of reason and look at this act as if the men of that day, freshly after the passage of the act, were moving about *n darkness and did not know what they were doing or saying." He named distinguished counsel in that case and later on, referring to 1 i J . tne anerman act, uaiu; "Prosecutions have been instituted and I suppose men have been convicted and sent to jail under the anti-trust act, upon the construction that this court has tg^ven it. "The Court, in the opinion in this case, says, that t/his act of congress means and embraces only unreasonable restraint of trade?inflat contradiction to what this court has said fifteen years ago that congress did not intend. "If you will take the trouble to look through the Federal Reporter you will find that possibly nearly every federal court in this country lias accepted those original decisions as the final decisions of this court as to the meaning of the act of Cungres. Now we are asked to change the rule and to say, it may be true in the word of the stattute this contract or this agreement is in restraint of interstate trade. It may be. 13ut it is a lawful restraint of trade. It is a lawful restraint contrary to the decision of this court, I say, contrary to the practice and usages of this court. "If I mistake not, more than once at this term a lawyer has been compelled to take his seat, to stop the particular line of argument that he was pursuing, because he was arguing agaanst a former decision of this court on that very question. lie wanted to break down that former decision." Attention was called to those two cases under which he supposed millions of dollars of property have changed hands, and that there has 'been an effort at every session of congress since the law was passed, to get the Sherman anti - trust law amend. "It never has been amended," said he, "and there ds not a man In the country today who does not know that it never will be amended by the ^congress of the United States to moan what they wanted congress to have dt mean and what congress refused to have it mean; to get the courts so to construe it. * ,r"u ? 1 n r\ f 1 n r> v r*f J LIC7 UIVOI, ami inuif, vvauvuv^ this day, in my Judgment so far as the safety and integrity of our situation Is concerned, is the tendency to judicial legislation, to that, when men having vast interests are concerned, and they can not get the law-making power of the country ghicfofiflpitrolB them to pass the legls"J^MonJftfey desire, the next thing they dp Is to raise the question in some case to get the court to so construe the constitution of the statutes as to mean what they want 1t to mean. That has not been our practice. "If there is any feature In our government system that is now admired among the nations of the earth," toe continued, "it is that provision of the federal constitution which provides the departments of government among three coordinate branches?legislative, executive, and judicial; and neither branch hag the I DILLON SHERIFF WOUNDED. By Mistake Was Shot by Negro Assisting in Chase. A special from Dillon to The News and Courier says Sheriff Lane was shot and painfully wounded at Floydale, a small station on the Seahoard Road, five miles below Dillon, Tuesday night. The shooting was done by a negro "spotter," who mistook the sheriff for a negro named Chavis, who was trying td escape on the Seaboard train after mortally wounding a negro woman, said to be his wife, in the tenderloin district early Tuesday evening. Sheriff Lane thad taken the negro i 11^^. |along to -assist nam in apprenenums ! Chavis, who was in the vicinity of the depot at Floydale, and the negro was armed with a shotgun. Mr. Lane went out of the depot, after giving the negro man orders to watch a certain spot; the negro went out also and was moving around in the darkness when the sheriff commanded him to halt. Thinking he was the negro Chavis, for whom he was looking, the "spotter" mistook the tdieriff for the fugitive also opened fire at close range, the entire load of shot taking effect in the sheriff's hip and abdomen. Sheriff Lane was taken to on infirmary at Florence Wednesday mornd ng, and at last accounts he was resting easily. While very painful, the wounds are not considered serious. Chavis, the negro being sougiht by the sheriff, came to Dillon from North Carolina and discovered the woman alleged to be his wife In a home of ill fame; a row arose anrt Chavis sliof the woman in the head and hip. ITer wounds are critical, and she is not expected to live. REV. GEORGE W. WALKER DEAD. +. President of Paine College for Twenty-eight Years. Rev. Geo. W. Walker, D. D., president of the Paine College for Negroes, and a widely known Methodist minister, died at Augusta, Ga., Wednesday, aged sixty years. He was a native of Marion, S. C., and a graduate of Wofford College. In 1883 when the Methodist Episcopal Church of the South decided to have a school in which to train negro teachers and preachers, Dr. Walker volunteered to undertake the work and he was made president of Paine College, which position he has held ever since. The negro men at the school will be active pallbearers and the white Methodist ministers of the city will he 'honorary pallbearers at the funeral. Bishop Warren A. Candler has wired that he will attend the funeral. Major James T. Bacon. The memory of the late James T. Bacon of Edgefield, S. C., is treasured in the minds and hearts of many friends. He was one of those rare and fine spirits who seemed to reach the sentiments of life and bring back from them some of the sweetness and purity of their atmosphere to freshen the everyday levels of those who read his writings or had the pleasure and good fortune of meeting him for a little passing chat. As the Savannah Press says his gentle spirit still lingers with those who knew and loved him and still exercises a sup tie charm and power upon their thoughts. He was a man of brilliant j talents and accomplishments, gifted with a gentle and exquisite humor, a literary talent and ability of the very highest order and a temperament for art and beauty in all of its forms. Surely his rare talent must have sounded the lure of fame and fortune and called him often to a more brilliant circle, but if they did he did not follow. He lived out his life among his own people in the little South Carolina town which was his home, loving better to be loved than to be flattered, spending his life and seeking not to gratify vanity or ambition in a wider field. In the little church in Edgefield a beautiful memorial window lias been dedicated to the memory of James T. Bacon. The window illustrates the parable of the Good S-amaritan, and to those - - - - -j- a who know the lire and onaracicr <>i this good gentleman and Christian the association seems peculiarly fitting. Generous and full of kindness, he gave unstintingly from his great possessions, but his great possessions were not those of worldly wealth. From his heart and mind and of himself he gave and in company with the Good Samaritan is his memory blessed and honored. He will bo missed when the press association moots at Columbia. Give Town Had Name. Gary, Ind., is a town five years old, and at Its fifth anniversary people are beginning to ask whether it has Justified itself. A Congregational clergyman declared that the town was "hell on earth." Ho resigned his pastorate .before he made the remark however. "nnti Vir? Hnnitiln <>1 rigni. ID vuuiua^u ujjuu vuu ? _. the other. '"Practically, the decision today? I do not mean, the judgment?but parts of the opinion, are to the effect i practical, that the courts may, bj , mere Judicial construction, amenc the constitution of the United States ' or an act of congress. That It strikes i me is mischiovious; and that is th< : part of the opinion that I especially i object <to.M MEXICO CITY UNEASY INSURRECTOS SAID TO BE GATHKHING FOB ATTACK. Chihuahua and Mexico City Will Be Scenes of Next Attacks by Madcro's Troops. A dispatch from Chihuahua. Mexico, says two thousand insurrectos, part of the band operating in the districts south of there, were reported Sunday to be marching on C'hihuhua. The advance guards are encamped around the city. Chihuahua City, with its 33,000 inhabitants, has been isolated for practically two weeks. The situation in the south is reported as follows: Torreon, 20,000 population, including numerous Americans, surrounded by insurgents; inhabitnats in constant fear of attaek. Lerdo, three miles from Torreon, in hands of insurrectos. Palacio Gomez, near Torreon, invaded by insurrectos without resistance. Durango, 32,000 population, capital of state of same name, surrounded by insurrectos. Zacatecas, 33,000 population, capital of state, surrounded by insurrectos. Agitas Calientes, 50,000 population. capital of state, described as a hotbed of revolutionists. Parral, south of Chihuahua, sent out a distress signal Fifteen hundred insurrectos surrounded the town. Guaralupo Calrows, entered by 700 men, who killed the jefe politico, Stores were looted. August Beckman, an American, of Luckenback, Gillespie county, Texas, was pulled off a horse while trying to escape and was ordered executed, but he escaped after suffering a wound in the scalp and hand. Rosario has been cut off for some time and conditions of anarchy prevail. Indee was sacked. Twenty people were killed. As soon as the appeal came from Parral, an armored train was sent out from Chihuahua. It went as far as Jiminez, when insurrectos were seen ahead in such great numbers that it was deemed unsafe to proceed, and efforts to aid the beseiged town were abandoned. In the territory adjacent to and south of Torreon, towns have been invaded, stores looted, railways and telegraphs destroyed and the jeles politico have been killed. Those in authority do not conceal their belief that the conditions about Torreon and the larger section of the interior, embracing the cities of j Zacatecas, Durango, Agua Calientes j and Parral, is fast becoming a great-j er menace to the federal government than Madero's forces. 'MADBRO BANISHES TRAITOR. ^ i He Bars Esquival Obregon From the I Rebel Territory. A dispatch from Juarez, Mexico, says notification from Provisional President Madero Sunday to Esquival Obregon that his presence in the city no longer was desired by the revolutionist is the culmination of what is believed to have been a general plot to influence the military chiefs of - ? * -a. j 1 Madero to desert nis suimmru. A large bribe is said to have been offered Gen Pasqual Arozco, but he indignantly refused it. Senor Obregon emphatically denied any connection with the alleged affair. Senor Obregon had been one of the go-betweens in the recent peace negotiations. lie was a candidate for president of Mexico in the last election on the anti-reelection ticket against Madero, but the supporters of that party since then have largely merged with the Maderoistas. Gen. Pasqual Orozco was asked concerning the effort which Obregon is alleged to have made to turn him from Genu. Madero and the rumor that ,a bribe had bee offered was mentioned to him. Tn reply he declared that no fixed price had been offered, hut had heen discreetly hinted to him that ho would never lack for money if ho consented to do certain things. Histories llenoimeed. In scathing terms the historical committee of the United Confederate Veterans, in session at Little Rock, Ark., denounced certain histories covering the period of the Civil war, , characterizing as "unfair and unfori tunate" the manner in which the South's attitude in the war of 1861 is set out. They urge a boycott of 1 all such texts. m CJoos For the Judge. The resolution censuring Circuit ' Judge Adelor Petit, of Chicago, who arbitrarily freed Edward Tilden, Geo. - Benedict and William 0. Cummings ; from appearing before the IvorimeT t investigating committee in answer to r a eubpena, was passed by the Illinois I state senato. * i ? i Why not do business for the South ? in the South and sell and ship from r Southern ports, all our raw material and finished products? / SLICK TARIFF TRICK BUNCO OAi>IIB OF THE BAGGING TRUST RKVKAIJC1). How the Republican Party Works With the Trust to Rob the Farmers ami Others. The Washington corresi>ondent of The News and Courier saya jokers in protective tariff bills are nothing new, but custom does not stale their infinite variety. The latest development in the joker line as produced by the Payne-Aldrich tariff is worth describing, because of the sidelight it throws on the methods of the trusts in squeezing the uublic and the impudent competitor. It also operates so the heavy loss of a number of firms which have innocently purchased cotton bagging in other countries for importation into the United States, not knowing that the American Cotton Bagging Trust had secured an insidious alteration in the law. In some cases individual firms made contracts entailing a loss of as much as $.?>0,000 before they discovered the change in the situation. About three months ago the treasury department of the United States was greatly surprised to learn that a Now York firm and a Boston firm had protested for a higher rate of duty than was assessed by the inspectors on certain imporations of cotton bagging which had previously been paying a duty of 5 cents a bale. The department referred the peculiar protests to the board of general appraisers, before whom the two inTorting firms appeared with analyses of the bagging, and proved that it did not consist of jute to the extent of the 50 per cent, required by the new regulations. They pointed to the law putting an ad valorem duty of 4 5 per o?nt. upon bagging made up chiefly of other fibres than jute?such as aloe and seg. There was nothing for the hoard of appraisers to do, but declare the facts to be as stated by the protesting firms, and the result is an increase of just about seventeen cents a bale. The circumstances of the case make it pretty plain that the bagging trust planned a "coup d'etat" and that the firms which called for a higher duty on their importations were the mediums through which the trust acted. It is the belief of Congressmen who have looked into the case, at the request of innocent 1 mporters who have been "stung," that this joker, if left, to operate, will practically destroy competition in the cotton bagging trade and establish a complete monopoly Things like this work to strengthen the sentiment In favor of putting cotton bagging and ties on the free list. The Northern farmer has for years enjoyed free binding twine, but the cotton farm .-rs of the South have had to pay a tax of $3 25,000 a year on ties for a 1 2,000,u00 bal1 crop, and about uuu ror D.tRg og on the same basis. Under the operation of the PayneAldrioh joker, the bagging tax would be raised from $630,000 to about $2,500,000 on a crop of 12,000,000. Of course, this would not be collected by Uncle Sam in revenue. The revenue under the new ruling will bo much less than under the old, but the trust will be able to put the screws on the Southern farmer to the extent of the difference between $630,000 and $2,500,000. That is all. * STREETS STREWN WITH READ. Sanguinary Rattle Fought at Cuautla, Near Cucrnavaca. A sanguinary battle was fought Friday at Cuautla, Mexico, between the federal garrison under Col. Mun --J - * ~ ~ ^^ ,1 _ guia ana a lorcts ul lvnuia vuniuionued by Col. Zapata. Fugitives state that the streets of Cuautla are strewn with dead and wounded. A commission left Friday night for Cuautla carrying the news of the armistice, which it Is hoped will put an end to the fighting Gen. Fugroa is leading 3,000 rebel troops from Igualaga presumably en route for Cuernavaca. Cuernavaca is the capital of the State of Morelos and is forty miles south of Mexico City. Cauatla is a town of about 8,000 in Morelas. * Senators Came to Itiows. In an altercation on the street at Yazaa City, Miss., Saturday, State Senator Theod ore Gil bo, candidate for Lieutenant Governor, and the central figure in the alleged bribery scandal of the Senatorial caucus in connection with the election of a United States Senator from Mississippi last year, was knocked down with a cane iu the hands of State Senator \V. D. Gibbs. * ( Forest Fires in Japan. Forest fires in Ho-kalde, the northi ormost of the island of Japan, arc devastating a l)i,g territory. A num> l>er of villages already have boon de\ stroyed. The troops have been call1 ed out and every available man is fighting the flames. The Are line Is , now almost sixty miles long. It is i impossible to estimate the numhei 1 of fatilltiea or the amount of the damage. 4 BANK OF Conwa 4 Has largest capital and surplus of a than the combined capital and surp CAPITAL STOCK SURPLUS LIABILITIES OF STOCK SECURITY OF DEPOSIT DIRE( Robert B. Scarborough, EL L. Buck, George J. Holiday, We offer our customers every aco will justify, and we i 20bert b. scarborough, D President. We continue to pay 5 pe jgm&&99 999*3*9 | FIRST NATIC k oonw A ? capital. stock surplus profits total assksts jp dirko /p j. a. mcdormott, john c Mk 11. U. UOJ11DH, 11. la. ? M. Burroughs, C. P. Qui A Successor to the Bank ol jL Horry County, and a pioneer ^ ly allied with the recent dev A Republic. Backed by the < jL United States Bonds, we are p ^ tomerg any reasonable acconu A H. A. SPIVEY, f Cashier. PROFESSIONAL CARDS. H. H. WOODWARD Attorney and Councilor At Law. CONWAY, 8. C. JR. B. SCARBROUGH CONWAY, 8. CL A Hnraa* T H. H. BURROUGHS PhyalcUn and Sirgeoa. rtS&i : tr-fr* OONWAY, s* a B. WOFFORD WAIT. Attorney at La/, Bank of Horry Building. CONWAY, S. O. HE WORLDS GREATEST SEWING MACHINE f t \ l i *" "** iJ !. gl^"* tf*oa want either a Vibrating Bhattle, RotaA totUflor a Single Thread f Chain WOcA} Sewing Machine write to m IfW HOME SIWINC MACHINE COMFAIt Orange* Mass. Ifcnreewfn* machine* are made to seilreeardleas^ gpatUra but the Mew Xlouie U made to weaa Oar rnaranty never run* out. irti If Mthorlied dealers easApw SOS SALS HT BURROUGHS ? COLLINS OOm Conway, 8. O. WHERE IS THE FOOL KILLER? Shot Himself on Bride's Hare and Now Wants a Divorce. A dispatch from La parte, Ind., says Harry Plum heck, a business man who recently shot himself and for several days was despaired of, has brought action for divorce from his . young society bride of a few weeks. ? He alleges that his wife dared him . to kill himself, and that to prove . that he had the nerve he went into . an adjoining room and fired a bul\ let into his body, fully intending to i kill himself. Plumbeck says his wife i then stood above him and laughed In glee at his agony. It is evident i that the fool killer has not been doling his duty out in Indiana. ' HORRY, y. S, C. ny bank in Horry county. More lut of all other banks in the county* ..fso.ste I *. .. .. HOLDERS .... 60.SS# 0R8 . .112.SQ0 :tors D. V. Richardson, W. A. Johnson, Will A. Freeman. ommodation which their accounts solicit your business. ?. V. Richardson, will a. fbekmav \T Dnmn?r\ovvm A flB T gg V 1UA X HEOiUbri X . r cent, on yearly deposits. 'yy'yWJ'T-fyyiMi )NAL BANK| T, S. O. ? $25,000.00 ^ 2,500.00 <? .... . 125,000.00 Jjk TORS: T 3. Spivey, D. T. McNeill, ijh luck, W. R. Lewis, D. jk Utlebaum, D. A. Spivey. ^ ' Conway, the oldest Rank In Mk in Eastern Carolina. Closeelopment of the Independent ^ Government and secured by A u'onarprl tn extend to our CUS- ? nodation*. B. a. COLLINS, A President, 9 ~ - * JONES GOES TO PRISON Ricli Farmer of Union County Loses Ijust Appeal. W. T. Jones, the wealthy Union county planter, must spend the remainder of his days in the state penitentiary for killing his wife, unless executive clemency is extended. The supreme court gave a decision Wednesday .dismissing the appeal for a new trial on the grounds of aft/erdiscovered evidence, and Jones will h? taUon tn tho wtntfi nenltontiarv I within ten days to begin serving his sentence. The opinion in the case is by Robert Aldrich, acting associate justice. The supremo court several months affirmed the decision. The governor several days ago refused a pardon. J W. T. Jones was tried at the February term of court in Union county in 1908 upon an indictment charging him with the murder of his wife, Ma; rion E. Jones, by administering to : her or causing to be administered 'strychnine poison. He was convicted of murder with recommendation to mercy and was sentenced to the i - ? ? * At i? 11 suite penitentiary ior niw. A Kerned y Badly Needed. If the United States v/ere to Impose an export duty on cotton and arrange to have the government finance the holding of cotton for any price Americans might name, what would the rest of the world do? says the Nashville Tennessean. IIow would Germany fare if the United States were to impose an export tax on cotton after the manner Germany has discriminated against American farmers by means of its potash tax? These are questions which students of finance and economics are considering with great care. Brazil and Germany have used just such a weapon on the United States with indifference to protest from this country. All the coffee product from Brazil, which is more than half the coffee crop of the world, is now controlled by a great syndicate which is practically identical with the Brazilian i government. The entire financial f * and tariff policy of Brazil centers about this crop, the most of which is sold in the United States. At present Brazil buys but little from the United Slates. Most of the manufactured products required by Brazil are purchased In Europe, so the United States has little opportunity to adopt retaliatory measures in the case of the South American republic. Americans must have Brazilian coffee, and this government is helpless, apparently, to resent the coffee trust arranged by the Brazilian syndicate unless it prosecute the agents of the trust who handle the business in this country. Some attortiftvs of note have kii ^created that, the agents of the Rrazilian syndicates oporating here might w.ell be prosecuted under the Sherman act. Probably Fatally Stabbed. At Stillmore, (la., Boss Warren, a well-known resident of Emanuel county, was perhaps fatally stabbed by Brentle.y Johnson, of Pulaski, when Warren told him to stop swearing in the presence of women. It was at a school visiting and Johnson was at once arrested. Warren can hardly live. South Carolina leads in the census showing, as her Increase of value of the chief farm products.