The Horry herald. (Conway, S.C.) 1886-1923, May 25, 1911, Image 6
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.