Historical Newspapers of South Carolina

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>; ' % V ? % I 1 VOLUME XXXI. THE TOWN COURTS i CANNOT SENTENCE Violators of The Liquor Laws I to the Chain Gang Alone i BUT MUST PUNISH IN THE ALTERNATIVE rSo- Says an Opinion of the Attorney General of the State. While the Liles chain Rang law docs no* in any way nullify""the existing ordinances of municapalities, yet they are not "vested with the power to pass and enforce an ordinance that does not provide an alternative fine o! sentence, is the opinion o* Attorney General Peoples in a letter addressed to M. P. Walls. The full text of the letter follows: "I am in receipt, of your inquiry of the 4th inst. in which you ask whethei or not the act of the last legislature a i nvnvorl ITftti'mirv 1 Q 101 (\ tim! nil tlilod 'An act to amend section 811, volume II, Criminal Code of 1912, in r< fercnce to intoxicating liquors,' had the effect of making all municipal ordinances, and especially yours, null and avoid, prohibiting the sale of whis key where the penalty of such ordinances of town and cities is in the alternative, allowing a fine or imprisonment. You ask further if under this act any municipal corporation has the power to pass an ordinance and V enforce the same against the sale of whiskey in the limits of the town or 1 city, or does it not give the state r courts exclusive jurisdiction. Also, if a municipal corporation can, under inis act, puts?* a \mihi wmiiiMiicc piev* nting the sale of whiskey in the town *or city, by making the penalty in prisonment alone without any alt< i native of a fine, when the act fixes the penalty beyond the jurisdiction of the municipal courts. "In reply T will say that a municipal corporation, unless otherwise prohibited, has such power under the general statutory laws to pass such ordinances as are not directly or indirectly repugnant and in conflict with the g< neral law. Hence, ordinances which assume directly or indirectly to permit acts or occupations, which the state statute or constitution are, under the familiar rule for validity of ordinances, uniformly declared to be null and void. Additional regulations by the ordinance does not render it void. And the rule of construction ut ( res magie valeat quam pereat is uniformly applied by the courts to sustain, as being consistent with the general laws and constitution, such whole some by-laws enacted to suppress disorderly conduct, provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort and conveniences ot "the municipality. Accordingly, ' unless , it is prohibited by some expressed constitutional or statutory provision s by the great weight of authority, the municipal corporation may be ordinance prohibit and punish acts which also prohibited and punishable as misdemeanors under the general statutes of the state. , "In this cornection. Chief Justice Mclver, in delivering the opinion of Sin the case of i?reenville vs. >8 S. C., 43ft, says: 'Comience shows that corporait necessary for the peace >rder of the city to forbid of many acts, under penalvhich the legislature have it necessary to legislate, ince is certainly not in conan act of the legislature, legislation upon the subject, ristrued as contended for by and the municipal legislain question, can both stand nd there is no conflict whati utmost that can be said is nunicipal corporation, unthorlty vested in it by its as seen fit to make an act in the corporate limits a ffense, which the legislaot seen fit to constitute k She -II RESIDENCE PROPERTY CHANGED OWNERSHIP Mr. McQueen Quattle'oaum Wis' Erect Handsome Cottage on Lot Just Purchased. Mr. McQueen Quattlebaum last week closed a deal for one of chc fine building lots owned by Clarence Norton on Laurel Street, and it is stated that plans have already been made for beginning the erection of a handsome cottage on the lot. The lot is situate next door to the property recently purchased by the Conway Methodist church whereon to erect v parsonage a little later on. The property is very desirably situated and is in a very good neighborhood. NO FENCE LAW FOR HORRY COUNTY Kditor Herald:? Please allow me space in your columns for a few vords in regard to the stock law \hich 1 have never been in favor of till now. All I ask is another chance it the ballot box. I know I am just as poor as anyone and am not in good shape for it as some others but some of our near neighbors have already got the no-fence and 1 am sure with a chance I will help to give them the law. Let's hear from some one else along this line. ?"J." TEACHERS EXAMINATION FRIDAY, MAYS ' '' ' ' . The next regular teachers examination will be held at the Court House in Conway Friday, May 5th, 1916. The examination will be taken froir the regular subjects, nine for first grade, eight for second and third. such an offense. Indeed, it is well settled, in this state at least, that tin same act may be made an offense against the state and municipal law?' "inis view is also quoted by Associate Justice Eraser in delivering the opinion of the court in the case o! city of Columbia vs. Phillips, 101 S C., 801. See also McCormick vs. Calhoun, MO S. C., 93 > 8 S. E. 539; State vs. Williams, 11 S. C., 288; State vs Charleston, 12 Rich. 480; State vs. Co lumbia, 6 Rich. 404; Schroeder vs Charleston, 3 Brev. 533. "I do not therefore think it was the intention of the legislature in the recent enactment referred to, to deprive in any way or withdraw from municipalities the power to enact and enforce such ordinance as they theretofore had the power to do, and it is my opinion that the copy of the ordinance as submitted to me is not in any wise in conflict with the laws ot this state. "But, however, it is my opinion that a municipal corporation is not vested with the power to pass and enforce an ordinance that does not provide an aternative fine or sentence. My position in this connection, I feel, is sustained by the provisions of section 8009, Code of Laws of South Carolina, volume I, which is, in part, as followrv. " '3009. Whenever the mayor, inten *irt111/ ui inatvui |H'u tempore, snuii rind the party tried before him guilty of violating an ordinance of sa;(l town, he shall have power to impose, in hif discretion, a fine, or imprisonment, in the alternative, not to exceed the limits prescribed for such violation by the ordinances of said, city or town and such imprisonment may be accompanied with the additional require mont of hard labor on the streets of said city or town, under such regulations as by ordinances may be established. "My position is further sustained by the decision of the supreme court of Town of Union vs. Hampton, reported in volume 33 of the Reports, page 46, in which it was held that tho mayor or intendent of a city or town should give one convicted of violating a municipal ordinance an alternative sentence." Ipirtftfj IORHY COUNTY AND HER PEOPLE, 1 CONWAY, S. 0., THURSDAY, OUTLAWS REPORTED ! SWEEPING FAR EAST Villa Bandits Said to Have: I Raided Sierra Mojada in Coahuila GUERILLA GENERAL I MAY HAVE ESCAPED If Advices From Mexico Are Correct, Chieftain Has Slipped Away. El Paso, Texas.?A band of Villa followers numbering: several hundred and possibly a thousand have sacked Sierra Mojada, five miles across the Coahuila line and SO miles east of Jiininez, destroying- many thousands of dollars worth of American property and looting the town of everything of value. This news, which may prove to be of the highest importance as it is bc1 lioved possible Villa himself was among the raiders, was received here by the representative of one of the largest American mining concerns in Mexico and was accepted by some as authentic. The bandits made their attack on t the town on April 5. .They came i from Escalon, a junction point on the Mexican National railway, 60 miles southeast of Jiminez. On their way to Sierra Mojada they sacked the small town of Corrilo. Doubles on Tracks. The belief that Villa himself may [ he directing the bandit operations is ' supported by a report from Ojinaga stating that Col. Riojas, the commander there, had information that Villa had doubled on his tracks and was 200 miles southwest of that town. Ojinaga is directly across the bor1 der from Presidio, Texas, and about 150 miles north of Sierra M>jada. Another circumstance that gives ' color to this location of the bandit I chief is the fact that Canuto Reyes at 4 the head of a large number of men i was reported from Torreon a week ago to be traveling north in the direc tion of Sierra Mojada. It was the be' lief at the time in Torreon that Villa's : ally was on his way to join his chief, i . If it proves true, Villa has evaded the American troops who have been driv; inn; south at an amazing* speed and . are today reported, from reliable sources, to be well south of Parral and . close to the Durango border. EXPRESSSHIPMENTS ; MIDDLE OF WEEK The first shipment of strawberries > for the season of 191(5 was madej from this point the middle of the i week. It is confidently expected that \ shipments in refrigerator car lots will j begin the early part of next week, j The crop has not been killed by frost, I but was set back by the cold weather ' of some time ago and the crop is no i doubt from one to two weeks later in maturing by reason of that. The pros poets are said to be much better than ' last year for a profitable crop. DO YOU KP 1 Sago m roof-gutters may a .ilacosV America's most valuable cro TVir? - a uv< [juuiiu -UUblUr 1?} <1 The United States Public E library of stereopticon slides? The typhoid rate measures ->-ence? Whooping cough annually k [ j I Bad housing produces bad h >! * | Rocky Mountain spotted fey I) ? FIRST, LAST, NOW AND FOREVER.' I APRIL 20, 1916. 'ETITIQN FOR BONOS HAS NINETY NAMES mportance of Voting the Bonds i is Stressed More Than Ever I AY OF 5Y5TFM 15 MI W I W V W *MlVI I W HIGHLY APPROVED /111 Freeholders Requested to' Call at Town Hall and Sign. The petition for the bond issue has been widely circulated and has about ninety signatures. As soon as twenty more are obtained an election will be ordered. The water system as laid out will give ample fire protection to every part of the town. A map of this system is on exhibition at the Town Hail. Every detail has been gone over by competent engineers, who l.ave approved the lay out. The idea of the system is to put the town on a third class insurance basis which could not be secured unless the entire town had fire protection. It has been figured that the lower insurance rates will about offset the increase in the levy to retire these bonds. It is earnestly requested that all freeholders call at tho town h?ll nn.l sign these petitions. It is only by a bond issue that improvements of this nature can be obtained, Just at this time there is a greater demand foi' bonds than there has ever been in the history of the country. Every day the m bring request from firms asking tiiat they be allowed to submit bids and it is believed that if sold now they will bring more than par. This matter should be hastened as delay is costly and we are without protection even against an ordinary fire. NUMEROUS GAMBLERS WERE ARRESTED Last Sunday nine negro gamblers were taken up by the chief of police and the sheriff of the county and lodged in jail to await trial. They came from two different sections of the colored residence sections of the city and represented several different styles of the gambling games played by colored gentry at this period. The trials in the town court on Monday morning resulted in the payment of fines amounting to a neat sum in the town treasury. o POSTAL BANKS CLOSED Poor Patronage at Number of Points in South Carolina. Washington, April 17.?It would seem that the postal savings banks have not been very well patronized in many sections of South Carolina, as the service hue hr?n?, *?l . ^V V>H \/JI I I IIUl'll ill the following postoflices: Abheville, Branchville, Central, Cheraw, Conway, Fountain Inn, Gaffney, Hampton, Hartsville, Lancaster, Latta, Lecsville, Manning, Pendleton, Pickens , Piedmont, St. Matthews, Walterboro, Woodruff, York. JOW THAT ,ct as mosquito breeding p is babies? health menace? [ealth Service maintains a loan accurately community intelliills over ten thousand Ameriealth? er is spread by a wood-tick? * ' * ? mlti. WILLIE WILLIAMS i DIED NEAR AUGUSTA Remains of Young Man Brought Home For Burial Last Week. Willie Williams ,a young man of about twenty-five years of age, who left this county to go to a point near Augusta, Ga., to work in the lumber business for Jordan & Howell, died at that place last week of pneumonia and his remains passed through Conway the middle of last week on their way for burial in his old neighborhood on Fee Dee. He is a son of Jim Williams the well-known farmer of the Dongola section of Bucks township. He wag unmarried. ---? o il'uwn prisoner SETS OUT FIRE j A prisoner who was being detained in the town gi# r<i house managed to get a match and he set fire to some boxes in the middle of the floor, evidently intending to escape when the building should be in flames. His little ruse was discovered however and the fire extinguished. 'reprieveddeatiT sentence grant For the purpose of making a fur ther investigation into the case, Governo rManning reprieved the death sentence of Joe Grant, a negro, unti' May 15. He was to have died by electrocution. Joe Grant was convicted some time ago in Edgefield for the murder of J. F. Durst, a white man, at Johnston on April 16, 1906. Durst was shot during a melee in Grant's barber shop and the negro escaped, some years later hei V (V rrVflfrnt'/llll on/1 .>H../M.fn/I i 0 - .....k,V? <ulll (WIVOWI II' Philadelphia. After a hard fight against a requisition, in which the case went through the courts of PennI sylvania and the United States supreme court, Grant was brought back to South Carolina for trial. His casehas attracted nation-wide attention. SENATOR HTLTBUCK FOR RE-ELECTION Senator Buck when seen this week by a Herald man and asked if he cared to make a statement as to whether or not he would make the race for Congress in this District, said that he would not offer for Congress, but would stand for re-election to the State Senate. He says that he appreciates very much the assurances of support for Congress, both by the people of Horry and from the other counties through out the District, but that he preferred at this time to offer ! again for the Stute Senate . GERMANS SUNK EIGHTY SHIPS DURING MARCH Berlin.?A statement issued by the German admiralty under date of April Id says that in the month of March 80 trading vessels belonging to hostile countries with an aggregate tonnage] i of 207,000, were sunk by German sub! marines on their mines. SUNDAY SCHOOL RALLY AT SPRING BRANCH The District Meeting of the County, Sunday School Convention will be held in connection with the local Rally Day Meeting at Spring Branch on Sunday April the 23rd. Mr. Paul Quattlebaum, President of the County S. S. Association and other speakers interested in the Sunday Schools of the county will be pres ent. All churches of all denominating Wivited and urged to semi delegates. Dinner on the grounds. W. P. COKER, District Pres. County S. S. Association. a 'f " '' '* x ' * ' -y'^ wo. 1 >. r rr . i MR. AND MRS. HAWES LOSE THEIR DWELLING * ' The Exact Cause of the Fire Has Not Been Ascertained. FIRE COMPANY WAS WITHOUT WATER SUPPLY Other Buildings in the Community Were Saved From The Flames. - - w>- ' t a % ? ^ * a live alarm was rung in last Saturday afternoon and the fire company responded quickly in an effort to save the dwelling of Mr. and Mrs. | S. P. Hawcs which was situated on | the beautiful residence avenue known as the Gully section of the city. The only water supply for fire fighting in that part of the town is a cistern supplied from an artesian flow. This reservoir was not full. When the ^ 1 X ?. ?.<X .x ? ? 4 i U n 1'' r. K ?-% . 1 Vx ?X /X ?* r* 1 ^ c\wri uut mc i n i: Jiau uct;11 ai" most put out. Without a new supply of water the flames quickly gained headway and this handsome cottage was a total loss. A large crowd of people quit their business or other affairs and gathered at the scene of the fire and rendered such nid as they could. The furniture was saved and also the greater part of the doors and windows of the building. Mr. Hawes was at the store on'1*' Main Street but the rest of the family were at home. The cause of the fire is unknown and was first discovered J.. 4.1-- 1. At-- Lv.'l If ni Liiti tup oi me Dumung. ^ DONALD RICHARDSON SUFFERED INJURIES Among those who went to fight the fire at the Hawes home last Saturday was young Donald Richardson, the son of Mr. and Mrs. D. V. Richardson of Rucksport. He was on the roof of the burning building and m the act of getting down lost his footing and fell to the ground breaking his am and suffering other less painful bruises. He was given prompt attention. TOWN TAKES ACTION; OSES OWN CONVICTS After repeated efforts on the part of the town to secure from the county the labor which is due them by virtue of having sent convicts to the chain gang which now amounts to 900 days, the town has decided to keep its labor and work them on the streets having started a gang of six convicts which has been placed in charge of Mr Her bert Lane. The cells in the town hall have been repaired so that they can be housed there at night. The town hesitated a long while before taking this action but as no sat, isfactory solution or definite promise was given after repeated requests this action was deemed necessary'. FiRESlNT HEWOOOS ENDANGER DWELLINGS Fire broke out in the woods land lying to the west of the town last Tuesday morning. It swept down through the pine thickets and undergrowth and finally endangered several cottages in that section of the town. Help gathered and by careful management and hard work the buildings were saved. The home of Mr. and Mrs. John Holt caught on the roof at one time but was quickly extinguished. o Sam Barney, a negro well known to the white people for his honesty and good habits of injkiaftry, was taken sick with pneutnonla at work at the powder workfc floEFHopewell, Va., and was brought'tjfefhe by one of his friends He died a day or two after Mphg here.