The Horry herald. (Conway, S.C.) 1886-1923, May 31, 1923, Page Page No. 8, Image 8
Page Mo. 8
COURT UPHOLDS
RIGHT TO SEIZE
Supreme Court of U. S. Overrules
Man's Convic.>
tion
i 1* v v am i
v/oiumoia, may ? two decisions
affecting the law of arrest in South
Carolina were handed down today by
the State Supreme Court after an en
banc session. In both cases the conviction
of the lower court was sustained,
over the contention of the appellants
that the arrests tyere illegal and
void because they haa not complied,
it was alleged, with the search and
seizure clause of the Constitution,
which forbids search without a warrant.
Justices Watts and Colli ran filed
sharply dissenting opinions in each
case and they were joined by three
circuit judges in one and two in the
other.
Roth cases were appeals from conviction
in the General Sessions Court
of Richland county on charges of violating
the liquor laws. Louis G.
Kanellos contended that his automobile
was searched without a warrant
and that his conviction resulted solely
from the evidence thus obtained.
George Prescott et al., contended that
the evidence against the defendants
was secured by search made without
a legal warrant.
The opinion affirming the decision
of the lower court in the Prescott
!ii 1 T i-i n
case wiit; written uy justice rraser.
Chief Justice Gary concurred in the
opinion and Justice Marion concurred
under the authority of the
State vs. Green. Circuit Judges Sease,
Feather stone, Rice, Bowman, Henry,
Dennis and Johnson also concurred.
Justice Watts filed a dissenting
opinion in which Justice Cothran concurred.
The latter also filed a separate
dissenting opinion. Circuit
Judges Me mm infer and Wilson concurred
in the dissenting opinion of
Justice Watts.
According to the r*aWity opinion
the evidence showed that Prescott
was arrested late at night, when officers
searched the home in which he
was rooming and found him in the
act of drawing whiskey from a keg
into jars. The objection raised by
the defense, upon which the appeal
was based, were:
That the warrant in the case was
not sufficient; that the house searched
was a ' dwelling, and that the
search was made in the night, all of
which, it was contended, was illegal.
Justice Fraser's opinion was brief.
After reciting the facts as to the
testimony and the objections, he quoted
from the case of the State vs.
Green:
"It may be mentioned in this place
that, though papers and other sub
x .. _ * i 1 i \
jecis ot evidence may nave r>een illegally
taken from the possession of
the party against whom they are offered,
or otherwise unlawfully obtained,
tliis is no valid objection to their
admissibility if they are pertinent to
the issue. The court will not take
notice of how they were obtained,
whether lawfully or unlawfully, nor
will it form an issue to determine that
; .* . y.\"rn fpy.
*#\V* i'N'iH.
VK^kQI'"7 4 ^ 5T
Save meat-scraps and
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soap. Five and one-half lb9.
of waste grease, one can of
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best soap you ever used.
Follow directions carefully.
No trouble or fuss.
Thousands of women are
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-?
work in tne nome.
Write for booklet of helpful
hints. Full directions in
question."
One more sentence completed the
opinion. It was:
"That this law of this State and a
republication of statements of the
case would be unprofitable."
The dissenting opinion filed by
.Tustirp Wattj?. nffpr VmlHinir fVint: flit*
warrant had been shown to be fatally
defective and this at the objections of
the defense should have been sustained,
continued:
"All laws ought to be enforced but
in enforcing the same officers charged
with the enforcement ought to be
careful not to violate the law of the
land and be themselves guilty of an
infraction of the law while attempting
to enforce the law.
"The prohibition law should be enforced
the same as any other law,
but the officers charged with the enforcement
have no rights higher than
the enforcement of other laws."
"The law can be enforced." the
opinion added, "and illegal sales of
liquor suppressed under the same
rules or regulations and the same
laws as employed in the suppression
of all other violations of the law, and
it will not do to allow officers in their
zeal to enforce the law, to violate,
however innocently, the wise statutes
that protect the citizen."
After stating his concurrence with
Justice Watts' opinion, the dissenting
opinion of Justice Cothran declared
that the position taken by the court
was, in his view, "against public
policy." He cites various cases in the
Federal and State courts to uphold,
his position.
He said he saw no reason why there
should be a departure from the "well
established principles of law" in these
cases, and "if there is to be departure
in aid of the efforts of officers to enforce
the prohibition law, which appears
to mononoplize the major portion
of the time of officers, of both
State and Federal, why not extend the
departure to all crimes?" And, his
opinion continued, "why not, which
appear more justifiable, go the entire
length of abrogating the Constitution
and give officers the right to
search and seize without warrant?"
The opinion in the Kannellos case
was written by Chief Justice Gary,
with Justice Fraser concurring, and
Justice Marion concurring in the reut?.ii{}03
pu? siium saoi^snf -}[ns
dissented, and Circuit Judges Memminger
and Wilson concurred in the
dissenting opinions, the remainder of
the circuit judges present concurring
in Chief Justice Gary's opinion, wiln
the exception of Judge Devore. who
concurred in the result. The point at
issue was whether Kaneallos' automobile
had been legally searched
when whiskey was found in it.
o
THE MERCHANT'S DREAM
Last evening T was talking
With a merchant aged and gray,
When he told me of a dream he had.
I think 'twas Christmas Day.
While snoozing in his office
This vision came to view,
For he saw an angel enter,
Dressed in garments white and new
Said the angel, "I'm from heaven:
The Lord just sent me down
To bring you up to glory,
And put on your golden crown.
"You've been a friend to every one,
And worked hard night and day;
You've supported many thousands
And from few received your pay.
"So we want you up in glory,
For you have labored hard,
And the good Lord is preparing
Your eternal just reward."
Then the angel and the merchant
Started up towards glory's gate.
But when passing close to hades
The angel murmured "Wait?
"I've a place I wish to show you;
It's the hottest place in Hell,
Whore the ones who never paid you
In torment forever dwell."
*
And behold the merchant saw there
His old patrons by the score,
And grabbing up a chair and fan,
He wished for nothing more.
He desired to sit and watch them
As they'd sizzle, singe and burn
And his eyes would rest on debtor
Whichever way they'd turn.
Said the angel, "Come on merchant
There are pearly gates to see."
But the merchant only muttered,
"This is Haven enough for me."
?Selected.
o
AMERICAN LOAN
TO AUSTRIA
isew York.?J. r. Morgan today announced
he had advised the loan
commission of Austria that his hanking
house was prepared to organize
a syndicate to underwrite $25,000.000
of the $130,000,000 Austrian reconstruction
loan.
Mr. Morgan said in the prepared
statement that he informed the Austrian
commission his firm was ready
to act when the time was ripe for
making the issue to be devided among
the lending countries of the world,
Mr. Morgan declared his firm stood
ready to undertake the work because
it believed the loan to be well secured
and because it marked a step tow
i : - I : ? iij.f ~ i
ui n improving uusiiie?? conuiwoii? ui
the world.
"It is the first step." the statement
said, "toward the rehabilitation ol
central Europe taken by all of the nations
working together, and we believe
that the American market should
take its part when such a concertec
olTort is being made to better genera
business conditions in the world.
"We have been asked by Dr. Zimmerman,
of Holland, the commissioner
general of Austria, and by the
loan commission of Austria if w<
?
t
THE HORRY HERALD, 0(
THUNDERCLAP A
HORSE'S NAME
Appear in Feature Picture at
Pastime on May The
31st
There is a feature picture booked
for the Pastime Theatre on the night
of Thursday, May 31st, under the title
of "Thunderclap," the name of the
race horse which figures in the story.
It is a William Fox production and
has in the cast some of the most successful
stars in filmdom. A boy, a
girl and their mother depended on the
winning of a race for their happiness.
One mishap and their lives would be
shattered for all time. This is one
of the thrilling scenes in the picture.
Manager A. B. McCoy calls attention
to the remarkable personnel of
the production stall" and cast. Mary
Carr, of "Over the Hill" fame, heads
the cast, with Violet Mersereau, J.
Barney Sherry, Paul Willis, John
Daly Murphy, Walter McEwan, Maude
Hill, Hal Clarendon, Joe Burke and
Thomas McCan, supporting. The
story was adapted by the well-known
scenarist Paul H. Sloan, with Richard
Stanton as the director.
New York newspapers say that two
of the most spectacular scenes ever
registered on the screen take place
in "Thunderclap." One is the hair
I raising passage of the hero down a
tempestuous rapids on the top of a
board, and the other is the race track
scene. These two scenes alone would
make this picture more than wrorth
while, and judging from the success
that this super-photoplay enjoyed on
Broadway at the Central Theatre,
New York, it may be deduced that
there are elements of appeal for every
class of picture-goer.
Mary Carr is again given a great
mother role. Without the use of her
limbs or body, unable to open her
mouth, playing the part of a paralytic,
she again scores a great hit. Her
acting had to be put over by facial
expression alone, and she once more
proves herself worthy of her reputation.
The story deals with sporting life
and the gaming tables, and "Thunderclap"
takes its title from the race
horse upon whose victory the fortunes
of the hero and the heroine
rest. Plots and counterplots are set
in motion to keep "thunderclap" from
winning, but with the aid of a good
jockey, the crooked gambler's efforts
are frustrated. The beginning of the
picture discloses the suffering wife
anxious to bring her child home from
the convent and her husband, the
child's stepfather, refusing to have
the "brat" around the house. In a
moment of desperation, the mother
threatens to disclose the crooked
methods of the gaming-house keeper
if he does not grant her wish. The
gambler strikes her and she becomes
paralyzed from the shock, losing* the
use of her limbs and her speech. An
orphan boy drifts into the employ of
the gambler, who is now running a
fashionable establishment in a large
city, and brings with him his horse,
"Thunderclap."
The racer was bequeathed to the
boy by the only kind employer he ever
had. The gambler, finding his business
falling off rujnously, sends for
his beautiful step-daughter to act as
hostess of the gaming-house. Oom-:
plications arise, and in desperation
i.1 LI 1 !- _ J 1-1- ? I
uie nuiiiDier promises nis uaufiller in
marriage to an old reprobate with the
understanding that $40,000 is to he
paid to the stepfather within a specified
time. From then on the picture
works up to its great climax, a climax
as unusual as it is thrilling.
o .
GASOLINE TAX TRIPLED
In the 18 States that levied a tax
on gasoline last year, the average
consumption, of "gas" per car was
nearly 400 gallons, and the tax rate
was one cent per gallon in all but two
States. This income of $4 annually
per car is a welcome addition to the
income available for highway purposes;
but, in our opinion it should
be tripled. A tax of three cents per
gallon in every one of the States
would yield about $12 per annum.
Since there are about 12,000,000 cars,
a three cents irasoline tax wmilH
yield $144,000,000. An annual license
fee of $12 per car would yield
another $144,000,000, thus providing
nearly $300,000,000 annually for highway
construction and maintenance.
Large as this sum is, it is wholly
inadequate for needed highway construction.
Even if all of it were used
to pay interest on highway bonds
it would support only $7,500,000 of
bonds. This would provide for only
$500,000,000 of highway construction
annually for five years; yet $500,000000
is a moderate annual budget for
road improvement.
There has been altogether too much
hesitancy about taxing motor cars
and the fuel they use. As users of
the highways their owners should not
only be willing but glad to pay a liberal
tax, provided most of the tax
were used to provide improved road
ways.?Roads and Street News.
1 would be prepared o undertake the
placing of $25,000,000 of bonds of the
Allstrinn (ynvovnmonf in fUio
~ - - ?v/? IIIIIV/IIV J a I VlliO VWHIllI > I
After careful investigation of the
? present conditions of Austria, particularly
the great improvement made
' during the past five months, and after
consultation with leading bankers
of the United States, we have advised
the loan commission that when their
I plans for selling this issue of bonds
1 in the various markets of Europe is
I ready we would undertake to organize
a syndicate to underwrite $25,000,
000 of the total issue of $130,000,000,
which is to be divided up among the
i possible lending countries.
5 "There was?for the moment the
#
MfWAY, S. 0, MAY 31, 1923
TELLS PUBLIC
ABOUT FILTH
.
Recent Article in This Paper
About Frogs in the
Ma&h
V>MVI
The recent story which was carried
in The Horry Herald concerning the
destruction of several barrels of sour
mash by one of the rural policemen
of the county; and his finding a number
of dead and rotten toad frogs in
the mash, while he was engaged in
the operation, and the opinion of the
policeman that this mash would have
been used, without cleansing, in the
making of "monkey rum," if he had
not watched the place, has been copied
far and wide in the daily press as an
example of the filthy methods used
by those who make and sell the moonRhine.
Many titnes there has appeared instances
where dead bugs and flies almost
by the quart were emptied into
the still tanks and used in making the
liquor, but never before has the story
gone out that dead toad frogs might
be stewed up in the process.
The idea is to use the truth in dealing
with moonshine liquor and by telling
the public about the unclean methods
used in its manufacture, perhaps
the use of moonshine can be curtailed.
The Montgomery Advertiser, of
Montgomery, Ala., has copied the
news item from The Herald in its issue
of May 24th, and with comments
as follows:
OUR SANITARY DISTILLERS
If you are interested in the technique
of the moonshiner, we commend
to your attention the following graphic
story which is taken from the columns
of the Conway, (S. C.) Herald:
On last Friday, May 11th, D. Frank
Bellamy, of the rural police, tore up
and destroyed containers in which
there was standing about one hundred
gallons of sour beer, ready to be placed
into a still and made into moonshine
whiskey.
It was located in the head of Shingle
bay in Little River township, near
an old neighborhood road leading
from near Wampee toward the seaside.
The officer located the mash and
watched it for about a week in the
hope that the owner of it would come
with the still to make a location and
begin stilling the mash. The mash
was more than ready to be run. It
was contained in two barrels. In
one sugar had been melted and left
to ferment, while in the other molasses
had been used. The barrel
containing the sugar mash was past
condition. The officer finally decided
that the man who had placed it there
got wind of trouble and decided to
leave it alone.
In this mash when poured out by
the officer were found five dead toad
frogs, not only were they dead, but
they were rotten. He feels sure that
the mash would have been used, toad
frogs and all, if it had not been for
the discovery of the place made by
him and watching the pface.
Thp nffirpr smv? hp tine fnnnrl vav.
ious unclean things in this mash before,
but this is the first time that it
has contained dead frogs.
This episode compares very well
with another story of this tax-exempt
Southern industry, except that in the
other story swarms of common houseflies
are made to take the part of the
toad frogs.
Perhaps if men could see moonshine
whiskey made they would not wait
for their minister to exact a temperance
pledge from them. At least one
young man we know says he lost his
taste for cigars when he saw them
made by lickers in a Florida tobacco
plant.
matter rests and we are awaiting
advices from Europe that final arrangements
are completed with bankers
of England, France, Holland, Denmark,
Norway, Switzerland, Spain,
Belgium, Italy, and Czecho-Slovakia.
Ti 1 1 I 1 1 < 1 1 < M 1
it is expeccea tnat tne aetaus in tne.se
different countries will be completed
in time for simultaneous issue in all
of them about the first week in June,
and in that issue we are ready to take
the part indicated above."
This will be the first European loan
floated here this year, although an
unsuccessful effort was made a few
months ago to raise part of a German
internal loan. Subscriptions for the
ASPIRIN
Say "Bayer" and Insist!
Ki
Unleaa yxyii see the name "Bayer" oa
package or on tablet* you are not Ret
ting the genuine Bayer product pre
snrilHxl by pliyadciatifl over twenty-tw<
years ami proved safe by millions fo
Colds Headache
Toothache Lumbago
Earache Rheumatism
Neuralgia Pain, Pain
Accept "Bayer Tablets of Aspirin'
only. Each unbroken package contains
aer directions. Handy boxes ol
ve tablets cost few cents. Drug
gists also sell bottles of 24 and 100
Aspirin is the trade mark of B&yei
Manufacture Of Monoaoeticaoidee&er oi
Salicylioadid.
>
loan were received by a New York
stock exchange house, but when opposition
developed in France and other
quarters to the German financing the
local undertaking was abandoned and
the subscriptions were returned. In
March local bankers made a public offering
of a $19,900,000 issue of external
30-year 6 per cent debenture
bonds of the Oriental Development
rt _ ...L' L i I l il
wnicn were guaraiiieeu uy uie
Japanese government and represented
the first venture of Japan to borrow
money in this country on the
basis of a dollar obligation.
The only other foreign loan in prospect
is one in Canada, which is expected
to engage in a refunding operation
in the near future. American
investment in that country is estimated
at $2,500,000,000, equal to that
of the British. Several South American
countries have been seeking
funds in the market in recent months
and tentative negotiations have been
conducted by local bankers with one
or two of them, but there is little
likelihood of any financing in that
quarter for some time.
The Austrian loan will be participated
in virtually by all the large
banking houses of this city as well
as other large centers.
*
There will be an extra new boarding
house with twelve rooms at Myrf
1 /\ /iU f U ? o n o tir a1 1 n o a nluK
tic uuai/ii i/i11 o (ycai ? oo ncu ao uic tiuv
house and the Myrtle Beach Hotel as
last year. There is an increased demand
for more room at the beach each
year.
* * *
The job of carrying the mails is fine
when the roads are good and dry. It
is hard to do when the roads get muddy.
o
Let The Horry Herald do it.
Tell it to The Horry Herald.
o
GOOD LAWYER
PASSES AWAY
(CONTINUED FROM PAGE ONE)
one of the leading lawyers of the
State and his entire life ha^' %een one
of usefulness to his community. He
was a graduate of the university of
South Carolina and studied law under
the late Solicitor J. Monroe John
son, of Marion. He was successful
in his profession and his opinion in
legal matters was generally sought.
Mr. Buck served during1 the World
"War as a member of the Marion
county draft board and was then appointed
by General Crowder as national
inspector of draft boards, this
duty taking him to all parts of the
United States. He performed signal
service for the government in this
position. In all movements in Marion
for the good of the community he has
been found in the front ranks. He
was also a leader in civic work, as
well as in church work. The people
of Marion, as weft as of Florence,
where he was well-known, were greatTRESPASS
NOTICE
All persons are hereby forbidden to
enter or trespass in any manner fcr
hunting, fishing, feeding stock, or
ot".hpr\vis#? nnnn thp lands Mrs. Ral
lie J. Hirne, or uoon th#*. lands of the
estate of the late M. A. Horne, both
lands being situate in Green Sea
Township, Horry County, South Carolina.
All persons who violate this notice
or who interfere with the timber or
other property on said lands will be
prosecuted under the terms of the law.
MRS. SALLIE J. HORNE,
Dated May 4th 1023.
5-10-23-4ti.
They all li
"USCO"
I 1-rx I C\. T
UnilCQ JldlC5 I
are Good Tin
PROBABLY half
motorists of Ame
i
ride on Fabric Tires.
By the hundreds of t!
sands they have stuc!
"Usco*' year in and year
If there ever was a t<
money* s-worth " Uf
qualifies?and to spar<
Made by the make:
U. S. Royal Cords*
'here to /
S'/f^flAWES
' . GEORGE J. HOLLIDAY, ...
' D. V. RICHARDSON
! GEORGE J. HOLLIDA%...
; ' RAINS MERCANTILE CO.
t
^fcl? ?? ' ' '
'
ly shocked when they learned todayjp^H
of his death. Mr. Buck was a man
1
of splendid personality and of most j
lovable disposition. -He numbered j
friends by the hundreds. Mr. Buck j
leaves a widow who was Miss Badger,
and the following sisters: Mrs. J
S. W. Norwood, of Marion; Mrs. P.
B. Hamer, of Marion; Mrs. Sparkman,
of Georgetown.
? i
y I '
Goodyear believes
there are
two factors to lowcost
mileage ?a
quality tire andconscientious
dealer
service to back it up.
Goodyear makes
that kind of tire,
ttn/l ?AVA ll A?VA
mii\i ttw iinvv piCU^QU
ourselves, as the
Goodyear Dealers in
this town, to give
you that kind of
service.
A? Goodyear Service Station
Denier* we eel I and recommend
the new Goodyear
Cord with the beveled AllWeather
Tread and bach
them up with standard
Goodyear Service
BUCK MOTOR CO.
Conway, S. C.
COOX^EAR
MEL JOB ti
BUI IKUptKUUS
Next Dose may Salivate, Shock
Liver or Attack Your
Bones
You know what calomel is. It's mercury;
quicksilver. Calomel is dangerous.
It crashes into sour bile like dynamite,
cramping and sickening you. Calomel
attacKs the bones and should never be
put into your system.
If you feel bilious, headachy, constipated
and all knocked out, just go to
your druggist and get a bottle of Dodson's
(Liver Tone for a few cents which
is a harmless vegetable substitute for
dangerous calomel. Take a spoonful and
if it doesn't start your liver and
straighten you up better and quicker
than nasty calomel ajid without making^
you sick, you just go back and get youdB
money. mr
Don't take calomel! It makes you
eick the next day; it loses you a day's
work. Dodson's Liver Tone straightens
you right up and you feel great. No
salts necessary. Give it to the children
because it is perfectly harmless and can
not salivate.
Lp I
wy US.Tlns^^^ I ^
Conway, S. C. I
Aynor, S. C. I
Buckaport, S. C. I
Jordanville, S. C. I jm
Rains, S. C. I
11 &
r * *