The Laurens advertiser. (Laurens, S.C.) 1885-1973, March 10, 1909, Page PAGE EIGHT, Image 8
President lint's inaugural Speech.
(Continued from page v.i
cd. and among these* I recommend a
graduated Inheritance tax as correo'
in principle ami as certain ami easy of
collection.
Government Economy Urf, ed.
The obligation on tho par; of Ihose
responsible for the expenditures made
to parry on flto government to be as
economical as possible and to make
the burden of taxation as light as pos
sible (a plain and should he affirmed In !
every declaration of government pol
icy. This Is especially true when we
are face to face with a heavy deficit.
Cut when tin- desire to win the popu
lar approval leads to the cutting off of
'expenditures really needed to make
the government effective and lo en
able i; to accomplish its proper objects
the result Is as intteii to he condemned
as the waste of government funds in
unnecessary expenditure.
in the department of agriculture the
use of scleutitic experiments on II large
scale and the spread of Information,
derived from them for the improve- !
meid of general ngrl< nlture must go
on.
The Importance of supervising busl
Hess of great railways ami Industrial
combinations and the necessary Inves
tigation and prosecution of unlawful
business methods are another neces
sary tax upon government which did
not exist half a century ago.
Proper Forms of Expenditure.
The putting Into force of laws which
shall secure the conservation of our j
resources so far as they may bo with
in the jurisdiction of the federal gov
ernment. Including the most important
work of saving and restoring our for
ests, .and the groat Improvement of wa
terways are all proper government
functions which must involve large
expenditure if properly performed.
W hile some of them, like the reclama
tion of arid lands, are made to pay
for themselves, others are of such an
indirect benefit that this cannot he ex
pected of them. A permanent im
provement, like the Panama canal.
Should be treated as a distinct enter
prise and Bhould be paid r>r by the
. 'occeds of bonds, the issue of which
will distribute its cost between the
present and future generations in ac
cordance with the benefits derived. It
may well be submitted to the serious
consideration of congress whether the '
deepening and control of the channel I
of n great river system like that of The 1
Ohio or of the Mississippi when defi- 1
lilte and [Tactical plans for the enter- '
prise have been approved and deter- '
mined u|>ou should not be provided for '
in the same way. '
Then, too, there are expenditures of
government absolutely necessary If our 1
country i< to maintain Its proper place
among tho nations of the world and Is
to exercise its proper Influence In de
fense of Its own trad" Interests in the
maintenance Of traditional American
policy against tho colonization of Eu
ropean monarchies In this hemisphere
and In the promotion of peace and In
ternationa! morality. I refer to the
cost of maintaining ii proper army, a
proper navy and suitable fortifications
upon the mnlnlaud of the United
P'atcs nnd in its dependencies.
The Army and Navy.
Wo Should have nil army so organ
Issod and so officered as to he capable
In time of emergency in co-operation
with the national militia and under
the provision-, of a proper national
volunteer law rapidly in expand Into
a force sufficient to resist all probnhle
Invasion from abroad and to furnish a
respectable expeditionary force. If nee
essary, in the maintenance of our tra
ditional American policy which bears
the name of President Monroe.
Our fortifications are yet In n state
of only partial completeness, and the
number of men to man them i;< Insuffi
cient. In a few years, however, the
usual annual appropriations for our
coast defenses, both Oil the inain hilft)
and In the dependenc ies, will make
them sufficient to resist all direct at
tack, and by that time we may hope
that the men to man them will be pro
vided as a necessary adjunct, The
distance of our shores from Europe
and Asia, of course, reduces the ne
cessity for maintaining tinder arms a ;
groat army, but It does not lake away
the requirement of mere prudence,
that we should have an army sulli
cleiltly large and so constituted as to
form a nucleus out of Which a suitable
force can quickly grow.
What has been said of I!.raiy
may bo affirmed In even || ne-re em
phatic way of (he navy. A modern
navy cannot bo Improvised. It must
be built and In existence when Ihq
emergency arises which calls for its
use and operation, My distinguished
predecessor h*?s In many speeches and
messages set . ut with great force and
striking language the necessity for
maintaining a si rote: navy commensu
rate with the (oast line, the govern
mental resources and the foreign trade j
of our nation, ai d I wish to reiterate
all (he reasons w hich he has presented
In favor of the policy of maintaining
a strong navy as the best conservator
of Otir peace with other nations and
(he best means of securing respect for ;
tin; assertion of our rights, the defense
of our Interests and the exercise of
our Influence in International matters.
Must Arm aa Other Nations Do.
Our international policy is always to
promoto pence. Wo shall enter Into
any war with a full consciousness of
the awful consequences that it always
entails, whether successful or not. and '
we, of course, shall make every effort,
consistent with national honor and the ?
highest national Interest, to avoid a j
resort to a nie:. \\'e fa vor every im i re |
mentality, like that of The Hague tri- ;
bttnal and arbitration treaties made
With a view to ils use In ail Interna- .
ttonnl controversies, in order to main- |
tain pence and to avoid war. Put we j
should h<? hl lud lo existing conditions
nud should nllow ourselves lo become
foolish Idealists If \vi> did not realize
that, with nil the nations of the world
armed und prepared for war, wo must
ho ourselves In a similar condition hi
order to prevent other tuitions from
Solving advantugo of us and of our In
ability to defend our interests and iu>
sort our rights with a strong luind.
?n the International controversies thai
nro likely to arise in the orient, gr< w
lug < ut of ihe question of the
open door and other issues, the
t'nltcd st;i;< s can maintain her Inter
ests littacl and can e uro respect for
her just demands, SliC will not he
iblo lo do so, however, It II i,: Under
stood ilia! she never intends to Im U
up her assertion of right and her de
fense of lier Interest by anything bill
mere verbal protest and diplomatic
lioto, i?'or these reasons the- expenses
of the army and navy and of coast do
femes should always be considered as
something which the government must
pay for, and they should not l>e cut off
through mere consideration of econ
omy. Our government is aide to af
ford a suitable army and a suitable
navy. It may maintain them without
the slightest danger to the republic or
the cause of free Institutions, und fenr
of additional taxation ought not to
change a proper policy in tills regard.
Protection For Our Citizens Abroad.
The policy of the United Slates III
the Spanish war and since has given
it a position of Influence among tbc
nations that it never bad before and
should be constantly exerted to secur
ing tO Its bona tide citizens, whether
native or naturalized, respect for them
as such in foreign countries. We
should make every effort u> prevent
humiliating and degrading prohibition
against any of our citizens wishing
temporarily to sojourn In foreign coun
tries because of race or religion.
The Japanese Question.
The admission of Asiatic immigrants
who canuot lie amalgamated with our
imputation has beeu made the BUbjeot
either of prohibitory clauses in our
treaties and statutes or of strict ad
ministrative regulation secured by dip
loinatlc negotiations. 1 sincerely hope
that we may continue to minimize tin
evils likely to arise from such immi
gration without unnecessary friction
and by mutua. concessions between
self respecting governments. Mean
time we must take every precaution to
prevent or. famine that, to punish out
bursts of race feeling among our j>eo
[?le against foreigners of whatever na
tionality who have by our grant a
treaty right to pursue lawful bu-ira-ss
dere and to i?- protected against law
ess assault or Injury.
This leads me to point out a serious
defect In the present federal jurisdic
tion which ought to be remedied at
once. Having assured to other coun
tries by treaty the protection of our
lows for Mich of their subjects or citi
zens as we permit to come within our
jurisdiction, we now leave to a state
or a city not under the control of the
federal government the duty of per
forming our International obligations
in this respect. By proper legislation
we may and ought to [dace la the
hands of the federal executive tho
menus of enforcing the treaty rights of
such aliens In the courts of the federal
government, it puts our government
In a pusillanimous position to make
definite engagements to protect nllcus
and then to excuse the failure to per
form those engagements by an expla
nation that tho duty tokccptllCtn is in
states or cities not within our control.
If we would promise, WO must put
ourselves In a position to perform our
promise, We cannot permit the possi
ble failure of justice duo to local preju
dice In any state or municipal govern
ment to expose us to the risk of a war
which might be avoided If federal
jurisdiction was asserted by suitable
legislation by eontrrcss and carried out
by proper proceedings instituted by
tho executive In the courts of the na
tional government,
Monetary Laws Need Change.
tine of the reforms to be carried out
during the incoming administration Is
a change of our monetary and banking
laws so as to secure greater elasticity
In the forms of currency available for
trade and to prevent the limitations of
law from operating to Increase the em
barrassments of it (Inanciitl panic. The
monetary commission lately appointed
Is giving full consideration to existing
conditions and to ad proposed reme
dies and Will doubtless suggest one that
will meet the requirements of business
and of public Interest. We may hope
that the report will embody neither the
narrow view of those who believe that
the sole purpose of tie- now system
should be to secure n large return on
banking capital nor of those who would
have greater expansion of currency
with little regard to provisions for its
Immediate redemption or ultimate se
curity. There is no subject of econom
ic discussion so Intricate and so likely
to evoke differing views and dogma He
statements as tills one. The commis
sion in studying the general Influence
of currency on business and of busi
ness on currency liUVO wisely extend
ed their Investigations in European
banking and monetary methods. The
information that they have derived
from such experts as they have found
abroad will undoubtedly be found
helpful in the solution of the difficult
problem they base In hand.
Favors Postal Savings Banks.
Tin- Incoming congress should
promptly fultill the promise of the lie
publican platform and pass a proper
postal savings bank bill. It will not
bo unwise <>r excessive paternalism,
The promise io repay by the govern
ment win furnish an Inducement to
savings deposits which private enter
prise cannot supply and ut Stich a low
rate of interest an not to withdraw
custom from existing bonks, it will
substantially Incroaso the funds nvnll
able for i?\??stmenl capital in use
ful ontcmrlscH. it will furnish the
absolute security which makes tho
proposed schonte of government guar
anty of deposits so alluring without
Its pernlelou8 results.
Ship Subsidies Advocated.
I glucorcly hope (hat tho Incoming
congress will he alive, as it should bo(
to ihe Important of one foreign trade
and of encouraging it hi every way
feasible. Tin- possibility of Increasing
this trade in the orient, i-i tie- Philip
pines and in South America Is kn ?\vn
to every <>ne who has given tho m ttter
attention. The? dire-; effect of free
trade between this country attd lift!
Philippines* will he marked upon our
sale of cottons, agricultural machinery
an.I other manufactures, The necessi
ty of the establishment id' dlroi t lines
of steamers Pet ween North and South
America has been brought to the at
tention of congress by my pre h.ssor
and by Mr. lb t before and after his
noteworthy visit to (hat continent, and
l sine >roly hope thai congress may he
Induced (0 see the Wisdom of a tenta
tive effort to establish such lines by
the use of mail subsidies.
Tho Importance which the depart
ue at of agriculture and of commerce
and labor may play In ridding the
markets of Europe of prohibitions and
discriminations against the Importa
tion of our products Is fully under
stood, ami It is hoped that the use of
the maximum and minimum feature
of our tariff law to be soon passed will
be effective to remove many of those
restru tious.
Lock Canal Plan Defended.
The Panama canal will have a most
important bearing upon the trade be
tween the eastern and the far
crn sections of our couutry and will
greatly Increase the facilities for
transportation between the eastern
and the western seaboard and may
jHjsslbly revolutionize the transeontl
nental rates with respect to bulky mer
chandise, it will also have a most
beneficial effect to Increase the trade
between the eastern seaboard of the
United States and the western const
of South America and indeed with
some of the important ports of tie
cast coast of South America reached
by rail from the west coast. The
work on the canal is making most sat
isfactory progress. The type of the
canal as a lock canal was fixed by
congress after a full consideration of
the conflicting reigns of the majority
and minority of the consulting board
and after the recommendation of the
war department aud the executive
upon those reports. Ilecent suggestion
that something bud occurred on the
Isthmus to niake the lock type of the '
canal less feasible than it was sup- |
posed to bo when the reports were I
made and the policy determined on
led to a visit t-i the Isthmus of a
board of comjvetent engineers to exam- I
Ine the Gatun dam and locks which 1
are the key of the lock type. The re
pert of that board shows that nothing
has occurred in the nature of newly
revealed evidence which should change 1
the views once formed hi the original J
discussion. The construction will got
on under a most effective organization
controlled by Colonel Ooethnls ami his
fellow army engineers associated with J
him and will certainly be completed
early in the next administration, if not |
before.
Some type of canal must be con- j
structcd. '! he lock type has been so- ,
leclcd. Wo are all in favor of having
it built as promptly as possible. We
musl not now. therefore, keep up a (Ire '
in the rear of the agents whom we I
have authorized to do our work on
the isthmus. We must hohl up their
hands, and, speaking for the Incoming i
administration, l wish to say that I
propose to devote all the energy possl- !
hie and under my control to the push
ing of this work on the plans which j
ha\o been adopted nnd to stand behind '
the men who are doing faithful bard
work to bring about the early comple
tion of this the greatest constructive
enterprise of modern times.
Free Trade With Philippines.
The governments of our dependen
cies In Porto Itlco and the Philippines
are progressing as favorably as could
be desired. The prosperity of Porto J
Itlco continues unabated. The busl- I
ncss conditions In the Philippines are
not all that we could wish them to be.
but with the passage of the new tariff
bill permitting free trade between the
United States and the archipelago,
with such limitations in sugar and
tobacco as shall prevent injury to i he
domestic Interests on those products,
we can count on an Improvement in
business conditions in the Philippines
and the development of a mutually
profitable trade bet ween this country
nnd the Islands, Mount lino our gov
ernment in each dependency Is uphold
ing the traditions of civil liberty and
Increasing popular control, Which might
be expected under American auspices.
The woik which wo are doing 'here
redounds to our credit as a nation.
Words of Friendship For the South.
I look forward with hope to Increas
ing the already good feeling between
the south and Ihe other sections of the
country. My chief purpose la net to
effect a ? hange in Ihe electoral vole of
Ihe Southern states. That Is a second
ary consideration. What I look for
ward to Is an Increase In the tolerance
of political views of all kinds and
their advocacy throughout the south
and the existence of a respectable po
litical Opposition In every state even
more than than this, to an Increased
feidlng on the pari of all the people in
the south that this government Ifl their
government nnd that its ofllcera in
their stales are their officers.
Tho Negro Question.
The consideration of ibis question
cannot, however, be complete and full
without, reference to the negro nice,
. Its progress and Its present condition.
The thirteenth amendment second
ih -m freedom, the fourteenth amend
ment due process of law, prote (ton
of property nmi tho pursuit of happi
ness, nid tho fifteenth amendment at
teii pted to secure tho negro against
any deprivation of tho privilege to
Voto because ho was a negro. Tho
thirteenth and fourteenth amend
ments have been >:< norally eurer ed
ami have so ur< <l ti. ? . i>;cets for which
they were Intended. While tho iif
leenth nntendinohi bus :i?-t boon gener
ally observed in the past, H ought to
be' observed, und the tendency of
southern legislation today is toward
the enactment of electoral qu?llueu
? nous which shall square with that
t amendment.
No Rcpial of Fifteenth Amendment.
Of course the mere adoption of a
cotistitutlounl law eis only one stop in 1
the right direction* ? uinst he fairly |
and justly otifoived as wv;;. In lime
both will coinu. lionet? it is clear to
all Hint the domination of an ignorant,
Irresponsible element can be prevent
ed by constitutional laws whK-h shall
exclude from voting both negroes and
whites n>>i having education or other
qualifications thought :<> be necessary
for it proper electorate. The danger
of the control of an ignorant electorate
bus therefore passed. With this change
the Interest which many of the south
ern white citizens lake III the welfare
of the negroes has Increased. The cob
ored men must base their hope on the
results "f their own industry, self re
straint, thrift and business success a<
well as upon the aid and comfort and
sympathy which they may receive
from their white neighbors of the
south. There was a time when north
erners who sympathized with the ne
gro In his necessary struggle for bet
ler cOndltl ?us sought to give to htm
the suffrage as n pr dectton attd ; > en
force its exercise against the prevail
ing sentiment of the south. The move
ment proved t<? be rt failure. What re
mains is the fifteenth amendment t >
the Constitution and the right to have
statutes of states specifying qualifi a
tlons f >r elOcb rs subjected to the :es:
of compliance with that amendment.
This is a great protection to the negro,
it never will N repealed, and it neyer
ought to be re; ealed. If i: had not
been passed :: might be ditri 'ult now
t-> adopt It, but with it in our funda
mental law the policy of southern leg
islation taust a'id will teud to Obey it.
:tn?l s-o Jong as the statures -f the
states meet the test of this amend
ment and are no: otherwise tti con
flict with the constitution and laws of
(he raited States it is not the disposi
tion or within the province of the fed
eral government to interfere with the
regulation by southern states of their
tomes tic affairs.
"Negro Is Now American."
There is in the south a stronger feei
ng than ever among the Intelligent,
well to do and influential element in
favor of the Industrial education of i
the negro and the encouragement of
Iho race to make themselves useful
members of the community. The
progress which the negro has made In
tho last fifty years from slavery, when
its statistics are reviewed, is marvel
ous, and It furnishes every reason to
hop" I hat In the next twenty-live years
n still greater improvement In his con
[litIon as a productive member of s*>
iety. on the farm and in the shop and
In other occupations, may come. The
negroes lire now Americans. Their
ancestors on nie her?' years ago against
their will, and this is their only coun
try and their only flog, They have
shown themselves anxious to live for I
it and to die for it. Encountering tho 1
race feeling against them, subjected
at times to cruel injustice growing out I
of it. they may well have our profound j
sympathy and aid in the strngglo they
are making. We are charged with tho
sacred duty of making their path as '
smooth and easy its we can. Any j
recognition of their distinguished men, i
any appointment to office from among
their number, is properly taken as tin
encouragement ami an appreciation of
their progress, and Ibis Just policy
shall bo pursued.
Tho Appointment of Negroes.
Put It may well admit of doubt
whether in ease of any rnoo an ap
pointment of one of their number to
a local office in a community in which
the race feeling Is so widespread and
?CUtC as to interfere With the ease and
facility with which the local govern
ment business eilli be done by the ap
pointee is of sufficient benefit by way
of encouragement to Iho race to out
weigh the recurrence and Increase of
race feellllg which such an appoint,
nient i< likely to engender. Therefore
the executive In recognizing the negro
race by appointments must exercise a
careful dlscreth.t thereby to do it
more harm than good. ?>n the other
hand, we must bo careful not to on
COIll'ngO the mere pretense of race feel
in.',' manufactured In the Interest of in
i dividual political ambition.
No Roco Feeling In Whit* Hous;.
Pcysotinlly I have not the slightest
race prejudice or feellllg, and recogni
tion of Its existence only awakens In
my heart n deeper sympathy for those
who have to near It or snlTer from It,
and I question Iho wisdom of n policy
which Ut likely to increase It. Mean
time, if nothing Is done to prevent, a
better feeling bei ween the negroes and
the whites In the south will continue
to grow, and more and more of the
white people win come lo realize Hint
the future of tho south Is to bo much
benefited by the industrial and Intel
lectual progress of tllO negro. The ex
erclso of political franchises by those
of his race who tire Intelligent and
well to do will bo ncqtllcsi oil In, and
tho rigid to vote will bo withheld only
from tho Ignorant and Irrosponslblo of
both races.
The Labor Question.
There Is one other matter to which 1
shall refer. II V/US made the subject
of ereilt rontroversy during tho elec
tion and calls for at lotlSl a passing
reforotneo now. My distinguished pred
ecessor has given much attention to
the cnuso of labor, with whose strug
gle for bettor tilings ho has shown tho
slncorost sympathy. At his [nstnnco
congress has passed the hid fixing i
llnblllty <>f interstate carriers to their
employees for injury sustained in the
course of employment, abolishing" tho
rule of fellow servant and (hecommon
law rulo as to contributory negligence
and substituting therefor tho so called
rulo of comparative negligence, it has
ai-o passed a law fixing the compen
sation of government employees for
Injuries sustained In the employ of the
government through the negligence of
the superior. It also passed a model
child labor law fi r the District of Co
lumbia. In previous administrations
an arbitration law for interstate com
merce railroads and their employees
and laws for the application of safety
devices t-> save the lives and lIm'is of
employees of interstate railroads had
been passed. Additional legislation of
this kind was passed by the outgoing
congress.
1 wish (0 say that. In so far as I can,
I pope t.? promote the enactment of
further legislation of this character,
l am strongly convinced that tho gov
ernment should make Itself as respon
sible to employees injured in Its em
ploy as an interstate railway corpora
tion Is made responsible by federal
law to :;s employees, and l shall be
glad, whenever any additional reasona
ble safety device can be Invented to
reduce the loss of life and limb among
railway employees, to urge congress
to require Its adoption by Interstate
railways.
Use of Injunctions Necessary.
An Cher labor question has arisen
which has awakened the most excited
dls u*s!ou. That is in respect to the
power of the federal courts to issue
ri us hi industrial dispute--. As
to' that, my convict tons are fixed. Take
away fp>r.i courts, if It could be taken
away, the power to issue Injunctions
In labor disputes, and It would create
a privileged class among the laborers
nnd save the lawless am >ug their num
ber from a most needful remedy avail
able to all men for the protection of
their business against lawless Invasion.
The propositi >u that business Is not a
property or pecuniary right which can
be protected by equitable Injunction is
utterly without foundation lu prece
dent or reason. The proposition Is
usually linked with one to make the
secondary boycott lawful. Such a
proposition Is at variance with the
American Instinct and will And no
support. In my judgment, when submit
ted to the American people. The sec
ondary boycott Is an Instrument of
tyranny and ought not to be made
legitimate.
The issuing of a temporary restrain
ing order without notice has In several
instances been abused by Its Incon
siderate exercise, and to remedy this
the platform upon which I was elect
ed recommends the formulation In a
btatute of the conditions under which
such a temporary restraining order
ought to Issue. A Btatute can nnd
OUgbt to be framed to embody the best
modern practice and can bring the sub
ject so closely to the attention of the
court as to make abuses of the process
unlikely in the future. American peo
ple, if i understand them, insist that
tho authority of the courts shall bo
sustained and are opposed to any
? hange In the procedure by which the
powers of a court may be weakened
nnd the fearless and effective admin
istration of justice be Interfered with.
Having thus reviewed the questions
likely to recur during my administra
tion nnd having expressed In a sum
mary way the position which I expect
to take in recommendations to con
gress and in my conduct as an execu
tive. I Invoke the considerate sym
pathy and support of my fellow fiti
'/ens and the aid of Almighty God in
the discharge of my responsible duties.
NOTICE OF STOCK110M>EIt8' MEET
I NO OF WATTS MILLS.
Notice is hereby given that, pursu
ant to a call of tint Directors, math' on
March litlh (5th), .Nineteen Hundred
and Nine (11)09), a meeting of the
Stockholders of the Watts Mills, s. <\.
will be held at the office of the Com
pany, at Watts Mills. I.aurens, s. ('..
on the Seventh (Ttlii day of April,
Nineteen Hundred and Nine (1000),
at four iii o'clock, P. m.. for the fol
lowing purposes: ?
FIRST: For the purpose of deter
mining Whother or HOI they will re
scind their action of the Twelfth
< 11Mb i day of January, Nile-teen Hun
dred a.id Nine (1000), hy which the
Capital Stock was increased to the
extent (if One Hundred Thousand
($100.000.) Doll; rs.
SF( ION I >: For the purpose of de
termining Whother or not the WATTS
MILLS shall issue Two Hundred
Thousand ($200,000.) Dollars of Pre
ferred StOCk, In the usual form, sub.
h ot to I',,, preference:;, liabilities and
conditions set forth in the Resolution
of tho Roard of Directors adoptdd on
the Filth Clin day Of March. NillO
teon Hundred and Nine (1000), a
copy of Which has been mailed to each
, of ihe stockholders.
.1. A DO 10 R SMYTH, JR.,
President and Treasurer,
Watts Mills, Laurons, South Caro
lina. Mandl ,'dh. 1009. S2-K
Keep in mind that you can always
gel any size Window Shades here you
may wan! made of the host quality
material in different colors.
S, M. Ar 10. H. Wilkea & Co.
Special Herman (a Children.
ROV, .1. I). Front, pastor of Ihe First
Methodist church, announces that on
next Sunday morning to II o'clock he
will preach a Special sermon to child
ren. All the Ohlldrt n Of the Oity tire
cordially Invited to attend this EOl'VlCO,
Von will fmd hero the largest and
best lino of Iron Beds In different
designs and colors from which you
can select jusl what you want.
S. M. AY K. H. Wllkes tk Co.
LAND ATT ACH MEINT
CASE IS ARGUED.
(Continued From First Pago.}
more or less, of Keyset- survoy made
i:i i >>.;;: all of il-o above being km ivn
as the Samuel Young otitnte, slttuUQ
partly In Lattrens und partly In N ?v
berry counties, oxcepf such portions
as have been conveyed by John Y.
Gnrllngton to William S. Mutton, C. C.
Ulser end it. It. Uonton, respect !> ?ly,
202, COO and Sill acres respectively.
Also all of that trad of land si, late
in Lau re us county partly within tho
city of Lauren? und partly without,
containing 70 acres, more or less,
with cortnln boundari excepting!
such lots and portions of tract ol land
heretofore conveyed by John v. Gar
llngton as per cortnln deeds record sd.
Mr. Todtl's Argument.
Mr. Todd, ttlorney for Mr. Go ilng
ton. argued I the caso is purely
one of equity i g that the plaintiff
came to court a. -"dor an uccount
of Mr. Gnrllngton s ewardshlp as.
general manager and ? 'usurer of the
company, "o argue that this does
not fall within the case In with h a
warrant of attachment may be Issued.
That there might be judgment for ac
count and it would be necessary to
have the amount specified as required
in the code. The amount of the
claim must bo specified. Mr. Todd
also claims that the complaint ill the
or.se is defective in that some of the
allegations must he upon informa
tion and belief and that tho base of
this information ami belief is not stat
ed in the complaint. Tim president
of the company did not keep tho hooks
of the company, so that it would be
impossible for him to know; ho could
act therefore, testify correctly as to
the amount due. etc. .Mr. Todd iilSO
pointed out that Mr. Clark's affidavit
mentions the fact that "current talk"
was responsible for the belief alleged
in the complaint in some eases.
Counsel also stated that ho did not
think the complaint had been BUffi
clently verified by the affidavits in
the case.
Mr. Todd's main argument wan as
to the fact that no definite nmoun was
specified. The complaint says a one
place "?about" $50,000 was received for
sale of stock, etc.
in Bumming up his arguments, Mr.
Todd stated that tin- complaint, even
if it has been verified, which he argu
ed was not tho cr.se, did not measure
up to tin; code as to requiring the am
ount due to be specified: also that the
case is one in equity which do. a not
permit an attachment proceeding. It
was upon this that the whole proceed-*
lug rested, nnmoly: "('an nttachnu nl
warrants hold in case purely of an
equitable nature?" Mr. Todd's auth
orities Indicated that they could not.
Mr. lalmunds cited the case of Hank
vs. Stelling, Ii s. ('.. which seemed to
indicate that in cases where mom;,
was named an equitable proceeding
could allow an attachment.
Mr. Rklmunds at the afternoon Bit
ting of th.e court (died oases in support
of his contention Unit the courts ill
this State have never held that an
attachment can not be had under pure
ly equitable actions. He argued that
there are no cases where an attach
ment is specified denied proceedings.
Mr. Logan, counsel for the plaintiff,
claimed the proceeding was both, equi
table and legal.
At the conclusion of the arguments
Judge Hydrlck announced that he f It
that the plaintiff's attorneys might
have been taken by surprise et the
ground upon which tho attachment
was made, and that they min'-M wish
more lime to consider the case.
Mr. Todd has made it careful study
of the ensc ami be has prepared an
admirable brief, it was agreeable to
both sides of the cose to postpone the
further Consideration of tin- ease and
toe decision of Judge Hydrlck.?Sun*?/
day's State.
NOTH'K OF KLKCTIOX.
Slate of South Carolina,
Laurons County,
Whereas, petitions signed by mor<
than one-third of the (pialiflod elect
ors residing in school districts num
bers four and live. SulUvniiH Town
ship, Luurcns County, South Carolina,
asking for ail election on the (po-. ; ion
of consolidating raid districts lil-s been
(lied with tie- County Hoard of Kduca
tloll, an election upon said question
is horoby ordorod, said olectlon t.q bo
held ou\lho 20th day of March, v ,D.
1900 at Rabuii Crook School I louse
in school district number four, and
lloiidorsonvlllo school homo in school
district number five, under the man
ngC.nt of the trustee!; of said school
(list ricts.
All qualified electors residing in
Bald SChOOl districts are entitled to
vole at said olectlon so held in lib-,
district. Those favoring the consoli
dation or iho said school districts
shall vote a ballot Containing the Word
1 "Yes" Written or printed there or.
I those against such consolldntlon shall,
vote a baiim containing the word'
I "No" written or printed thereon,
the afternoon when they shall be
closod and hte ballot'-, counted.
Polls Shall open at (!..> hour ()r ono
jo clock in tho afternoon nnd remain
open until the hour of four o'clock hi
the ftornoon when they shall bo closod
' and the ballots counted.
Lei the trustees reporl the results
of the Bald elections with ail conven
, lent speed.
George L. Pitts,
Superintendent of Education*
I?J-2t