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1 lit.?. 1W1. >> I, I I rueutmiiQ mmpany, a. a IM, Feb. l-Tfcf ??n>Bh of prk'te^ of the reflVcUon attitude of tposwla towards the Immediate mi bssiwssn The market islstsnnt to several oatow its of the week and while attributed to measure* of control by largo hanking i kstsnsta, those measures as testimony la the taw In the London Proasoftes d sass ahlch has In the money saaahets el' ie world affords fmcttklt* for in socurttu?. bmt there rs tstnt theo? have taken a of mjm Important extent ? ou pentectln measures by thorn* the market,; Outside opa thsough commission houses, at a low stags, and the * Isms at has been dts from taking part in op*ra? the growing seres pi Ion that rose kvngaly son fined 'to re (here has. been la activity and {one of that has been aoc?pted as mmm the most eneouraglng factors in ym esrnaiuvn Ths> et?*sing up of several of the ??i v*at hanks in the New York charing fee*** during the week, which wen through the autumn crisis, '.pted with comparative eq-ja In the financial district. Con aJfrettng those banks are seen SO be peculiar und such as do not tn ,^9jhm the general tanking situation In W York snd the decision that it nscesssry to carry th??m fur ily for ths purpose of sav other bsnks from the possible off their closing, gave an im of confidence on ih?* restored of trust lr the general bank publication at Washington of eat plan of procedure fsf I enforcing a dissolution of the Harrt-1 railroad merger and the sub of the p resident's message In I ndkwcasy of a a>w employers' liabil? ity law brought a new Influenoo to bear on the stock market ard emphn stasd the dullness and heaviress of lie tons. A man from Plttsburg had hi. :k cashed by a bvudnsss man off Alken for Ilse. The check was turn sd down and the man has aklkpped eat school building at Pro*perlt> was destroyed by (Ire. The build tag will be rebuilt at an early dste. At a mass meeting In North Ajgus ta Repr* tentative Croft was assailed by the cltlsene wh > charged him ?Ith rstng a paid rcpi-esentatlve of ?he 11 eeor interest. The nsw police station a Char? leston has been completed at a cost Of 170.000 Jnlss Wilkinson was shot und perhap* fslally wounded by Bud Brown near Liberty. ? M. C mocker, of Columbia, whlb working on a butldms ' In Wlnas fell and was terroutly irjured. A bill has benn Introduced .n tne senate providing tu.it |5<h. be at? tested the circuit Judges fni travel? ing! esysnsss. 1mm board of trade of Con way is working to secure the establish? ment of s largo canning factory In that town. In ths hoots Wednesday tributes trere said to ths memory >?f W. F. hteAnlur, ?>f Chtrokee county, and 2, M. ?ptlng. of Lexington county, bath of whom wsre members of tne ?bed April, ism. ?Be Just en SUM*] IEGEIKIS11P REFUSES. JUDGK PRITCHAHD RKHVW PK TTTION OF FI JO?CHMAN * OO. Proceeding* Ii? .VJievIHe IK fore Prtt chard?Lyon and I?eMcr Cavaa-?A \ Ictory For Tho ?-?.Taft Honter*. .. Ashevllle, N. C. Jan. 2:?.?Judge Prltehard in the United States circuit court today denied the petition of Fleischmann St Co of New York and refused to appoint a receiver for the South Carolina dispensary fund of SiettOtu, against which there are al? leged to be cht 1 ma aggregating 1600. 000. The Judge made his announcement during the afternoon eesvton, after at? torney* for the dispensary commission I bad present od fhelr bill In an* wer to the fccmutional charges made in *he Fleisch mann petition, which was filed tn the court a short time ago. The answer alleges that ihc claim legation by Fleisch mann dt Co. that Invalid and that there was no collusion and conspiracy between the pialutlff and another firm to defraud the State coo thai tho St at-; wai cheated out of a large sum of money In each of tho claims made by the plaintiff; It also alleges that Ficlschmann A Co. sold to the St Ate a concoction with o men tiace of weuVthey. The answer declared false the al? legation hy Fletschmann St Co. that the c ?nnnlesloiiers were wrongfully withholding the money for thelt own Individual Interests. The anvwer do r.Yd as false and malicious the al? legation In the complaint which refer? red to a conspiracy between Attorney Coner41 Lyon and tho dispensary com? ml HS ion and demanded proof \ At the conclusion of the rending A the bill, a number of affidavit);, on behalf of the defendants, were r*?ad and filed. Shortly after the court convened for tho afternoon session. Judge Fritchard announced from tho, bench that ha would not appoint a receiver for the t'lspor.saty, as he felt that the funds are now fully protected. He directed Ulfe attorneys tc eowflr?, >fhelr Wsgttv moots to the question as to whether < Ihft cotTt could assume jurisdiction, the point being whether or not this r* i mit against the State. Mr. D. L. It *U|tir**e of Atlanta, for the comnds ; Ion. consumed the remainder* of th<? afternoon session In argument to es Ublhth the far t that the St ite is an ladtapensahte patty to ihe suit. Just before Judge Prltehard an nounood his decision there was a sharp colloquy between Attorney Gen? eral Lyon of South Carolina and (Jeorge B, Lester of New York and Alf. S. Barnard, who represents Fleischmann St Co. Mr aV.rnard ask? ed, for time to prepare answers to ihe affidavits of the commission. Asheville. N. C. Jan. 30 ?Sand? wiched in between able arguments on tho question of whether or not the United States circuit court has juris? diction to entertain the suits of the Flelsehmmn Company ami the Wil? son Company against the dispensary commission of South Carolina, Judge Prltehard today witnessed some very heated tilts between opposing counsel. Criminations. recrimination and charges of false utterances and dis rei utabl > allegations at times threat? ened personal encounters. Not only did coumel for the State again de? nounce the whiskey distillers' repre? sentative-*, who, they said, robbed the State, but very damaging reflections on the oiiarauter of certain members ?gesSagi not specified-?of the South Carolina senate, which body, by tho way. haloed to create the commission represented by counsel, were not over? looked in the; disturbance. Substan? tial progress was made in the hearing, nevertheless, and the argumento will be resumed when court Is reconvened at 10 o'clock tomorrow morning. The first sign of warfare today n.sde lt-? apperance while Mr. Morde eal was? <*doressing the court Yester? day, it will be recalled, Attorney Gen? eral Lyon Informed thh > court of the ptotsage by ths South Carolina House of Representative-* of a concurrent re? solution endorsing the dispensary com mission and declaring It to be not the tu.-t'-e. but the agent of the State, Mr. Lynn assured the court yesterday that the resolution would also be passed fry the Senate. In this, how? ever. It appear* that the Attorney Oer eral waa mistaken, and Mr. Mordecnl was re faff ring this morning to this fact when he aas intrrupted by Judge IMchard. "Do you mean to tell me," aske.l Judge prltehard. "that tho Senate of South Carolina refuseo to pes* the resolution*" Counsel answered that he did. At this point W. F. Stevenson, of td Fear not-^I/et all the ends Thos Aim PER. 8 WEDNE8 > ? -u.-. - counsel for the commission, and for? mer speaker of the House of Repres? entatives in South Carolina, arose. "Too," said Mr. Stovenson, "the Senate killed it, but I know that there U a conslderabiey larger number of attorneys In the Senate who represent claims against the dispensary and who represent officials under indictment than the majority was against this measure. And I understand that they were the persons who were forcibly and continually fighting that resolu? tion." This biought Alferd S. Barnard, of counsel for the Fleischmann Company to his feet. "Is counsel Impugning the motives of theee gentlemen?" asked Mr. Bornsrd. "No," replied Mr. Stevenson, but I am Intending to say this: "That it whs brought Into this question and we propose to say the truth/' Attorney Letter arose and proceed? ed to say that he had never been charged with making false pleadings or allegations, and that his allegations in this case at bar would be proved by a mass of evidence which would sur? prise the court, being based not only on what evidence he had gathered, but' what came to him. He said he would prove the allegations in every particular, but did not do so then, be cae.se h-? did not wish to stir up any more "mes?" at present, and he de nice1, any imputation that the bill con? tained scandalous matter. ? Mr. Lester's assertion that th> charges would be proven is said to have called forf^h from Mr. Stevenson afterwards the remark that "whoever swears to themewe will put In the pen? itentiary" Later In the afternoon Attorney General Lyon was heard from. In the course of his argument Mr. Barnard referred to the fact that while the commission was Inviting creditors to come to Columbia to pfeove their claim?. Mr. Lyon had ready some 50 warrants for their arrest when they ap? peared. Mr. Lyon arose and said that while no doubt it was his silence on tho day before when this charge was made which had misled Mr. Barnard luve repeating It, still It was not true; but that he, had simply said, that 11 "^hlscnrnann & Co.'s agents had such guilty ccns:iences that the?y wer?? afraid to come into the State he would grant them immunity to present their ?Nlims without being arrested, but he had held out no general amnesty and, as a matteer of fact, he had no war? rants tave tho.se served, except as to. Farnum. . In reply Mr. Barnard insisted that the attorney general had promised general amnesty for all creditors to prove their claims and challenged any one present to say If Mr. Lyon had not said this. Mr. T. Moultrle Mord oca t. of Char? leston, opened the arguments at the morm.ig session, dwelling largely on the claim that the court had Juris dietion because the commission was no? a court and the suit was not against the State. He was followed by Mr. Stevenson, who presented, strongly the arguments that the; court should not assume jurisdiction ?that Jhe suit was one against the State* that the commission vvas a court, and therefore not capable of bcij?fe Siicu, ti'iu in.it tit?Tc Y?'?? RC private agreement between the plain? tiffs and the commission. Attorney deneral Lyon asked for an expression tonight, raid: "I am highly pleased at the^ result of th?: hearing and ain confident of winning out" Mr. Lyon preferred to. make no statement until the question of juris? diction had been decided. Asked whayt effect the dr teat by the senate of the concurrent resolution adopted by the house WOUlc! be he Mid: "It will absolutely not affect the matter one way or tho other." "Wnat do you attribute the defeat to*" he was asked. "That I prefer not to say," wus his response. Frank Carter, counsel for plaintiff, stated that he was confident of Judge Pritchard retaining Jurisdiction of the case. Mr. Carter wants a heuring In th< Fb ly hmann case to take place at the same time as the Wilson case. He denies that attorneys In the two cases have taken antagonistic L!;:n?? and soys: "W? will make our side plain ai Jhs proper time" .\sh<-villi-, N. C., Jan 31.? Argu ment In the case of Ml* Flelschmauin company and the Wilson Distilling company against the South Carolina olKpcnsary commission came to close In the United States circuit court, Judge Pritchard announcing that he Aould take the case undenadvlsoment in order to review some of the au ? therillCS quoted by counsel. The Judge may not render a decision un? til th? middle of next week. He gave no Intimation as to whether or not he B't at be Uiy Country's, Thy God's am DAY. FEBRUARY 6 would assume jurisdiction In the case. The order restraining: the commission from turning the $800,000 fund into the State treasury, which was obtained Dec. 21, will continue In effect. The commission, however, can pay approv? ed claims'of creditors If it so desire?. Judge ' Prltchard, by consent of all parties, issued au order that the dis? pensary commission might use $15,000 of the fund in question for necessary expenses. The court stated that it \\ould sign an order Indicating any bank from which the commission might with to draw thU sum. Today's hearing was entirely free from personalities, counsel for both sides confining themselves to argu? ments in the case. Argument was closed this afternoon in iho case of*Fleischmann & Co. and the Wilson Distilling company again? st the; South Carolina State dispen? sary commission, and Judge Prltch? ard took the case under advise? ment jto review some of the author? ities quoted by cousel and may not render a decision until the module of next week. He gave gave no intima? tion is to whetheAhe would assume jurisdiction in the case, but as a mat? ter of law the order restraining the commission from turning the $'800, 000 [fund into the State treasury, which was obtained Dec. 21 by Frank Carter and T. M. Mordecai for the Wilson company continues in effect, it, however, allowing the commission to pay approved claims or creditors if it wishes. Judge Prltchard yesterday, by con? sent of all parties, made an order | that the commission might until fur? ther orders be alldwed to use $15,000 cf the fund for necessary expenses, and eatd. that he would tign in or? der Indicating any bank from which the commission might wish to draw this sum. It is probable that the Lioan and Exchange of Columbia will bo designated. Judge Prltchard has several times asked during the argument of counsel whether they thought the court could atlmttnister the fund unless the State T i' of South Carolina was a party, in other words, whether or not South Caroline, was an Indispensable party, and this may t-erve to indicate' that he attaches much importance to this point "and not so much perhaps to the claims that the suit is against a State or that the commission is a court as argued by the commissioner's counsel. If the State be indispensable party or the suit be held to be one against the State, jurisdiction will not he tak (n because a State can not be sued .without its consent, unless the conten? tion cr plaintiff s counsel thdt by the act creating the commission the State had waived its immunity, or privi* ledge be hold to be well taken. In fact it was to this contention that Alfred S. Barnard for Fleisch mann & Co. directed much of his at? tention in closing his argument to? day. His address was a strong one, well fortified with citations from au? thorities. Mr. B. L. Abney of Columbia ar? gued at length for the State In a most able and comprehensive man? ner and concluded at 4 o'clock. Judge Prltchard after stating to Mr. Abney that if the court discover? ed at any stage of any pleadlttgl that a State whs a party without its con? sent to a suit, it would of its own motion take notice of lack of jurisdic? tion, t The judge asked if the State could not have put the money into the treasury and ?o removed any doubt, but as it did not do so, if this did or did not indicate that the State treat? ed the money as not absolutely its own. m The judge then asked, 'Suppose the fund was diselpated by the com? missioners, what then would be the remedy of creditors?" The speaker replied that the creditors must pro? ceed only as the statute directs and \dficn they did it would be time to consider their equities In such case. The court was asked, he said, to usurp the functions and discretion vested in a certain body and substi? tute therefor Its own--to substitute ifs judgment f ir that cf the commis? sion. At the very close of Mr. Abney's talk a short ^discussion arose be? tween him and Mr. Barnard as to whether a State was ' immune" from suit or "privileged" not to be sued and it seeming to appear that there was no real difference between the views of the counsel in essentials but orily as to the acceptation of words Judge Prltchard remarked with a smile that he was glad to be able to agree for once with both of the op? posing counsel. If you want a position or anything else, why not try a want ad. In the Item? It costs little and brings great results. a Truth's." THE TRTJ] 1908 New Ne BRYAN MAKES COWPABISON. PiSCl'SSKS PIHDUiKNT'S ADVO? CACY OF IrKMOCRATIC POL? ICIES. At a Reception it Reading, Pa., '.be Great Con<mono Talks ot Nation ill Issues?Says Public Ownership Not Now nn Issue. Reading, Pa.. Pel). 3.?William J. itryan, at an informal reception at his hotel tonight, discussed national is? sues and compared the policies of President Roosevelt to those endorsee1 by the Democrats. "President Roose? velt," he said, "endorses the position of the Democrats as enumerated ii: numerous platforms on the regula? tion of railroads, suppression of truftts, the income, tax and arbitration, lut he dees not endorse the Demo? cratic position on the election of United States senators by the people of the use of the jury in cases of contempt, where contempt is commit? ted outside the courts; or the Demo? cratic position on imperialism. While he recommends a revision of the tar? iff he put It off until after election. (The positi'lp of the Democ?*atis is that j tariff revision shvuld be begun at ence on trust-made articles. P^e^i dent Roosevelt is opposed to ship subsidy and advocates an emergency bank currency. The Democrats be? lieve In an emergency currency Issued by the government in the form of United States notes loaned to th^ banks. "The radical difference between the Democrats and Roosevelt is that he advocates the naiional incorporation of railroads, which the Democrats ob? ject to on the ground that it deprives the States of ihcir control over com? mercial Interests, "Public ownership," Mr. Eryan de? clared, * is not a question and will not be until people are given regulation which they regard as a sufficient test. I I do not believe the railroads will re? list effective legislation, and I am ir. favor of proceeding* rapidly to test the question by the passing cf meas ures authorizing the Interstate com? merce commission to ascertain the value of railroads ani che amount of th<ir wviteied stock and to make a reduction of rates where, vxtortion ate." V The distinctions between Roosevelt's policies and the Democratic theories, Mr. Bryan said he desired to have un? derstood, were made becaus?- he was asked for enlightenment by some of th?\se present. SHORT NEWS PARAGRAPHS. *? Sleet in Anderson. Anderson, Jan. 31.?Anderson is enveloped in a mantle of sleet to? night. Snow f*U during the day, but tonight sleet is falling thickly. Th?? street ears are operating on late schedules with much trouble. Wires ore being damaged, trees, houses, tec., are covered with ice. Killing In Manuln?. Manning, Jan. t?l.?Walter Da\ is. colored, was killed here last night at a negro dance and, although there wire quite a number In attendance, no one seemed to know how the kill lng was done. The coroner empOR* elled a'.jury and the testlmr ny was? heard, the jury thought it advis? able to postpone its findings until to? morrow. - I Mobley Qefa Bail. Lancaster, Jan. 31.?Berry B. Moo ley, charged with the murder of B. Q. Welsh in the town of Kershaw la inis county on Dec. 31 last, was admitted to ball In the sum of $2.00? under habeas corpus proceedings before .Associate Justice Ira B. Jones today. Baseball for Chester. Chester, Jan. 31.--"Play ball ' will be heard on the diamond liere dur? ing the coming season on condition that the fans of . hester make am:c PCta of thefr plans for getting a plac in the- State league recently institut? ed at fc-'umter. They will go to work w.th energy and believe they wi'l suc? ceed. Operative Injured. Qsffney, lan. 3?.?Yesterday after*' noon, a young man who was employ? ed in the card room of the Gaffnoy Manufacturing company, While en? gaged in assisting in the repairing of some part of the mschtlU ry was caught by the lult and thrown to *he Rooi with such violence as t?? fractjre his skull. The name of the )OUng man is Will Havener, and he had only been at work in the card room a fchort tlrue, but was an experienc? ed mill operative. He will doubtless recover. ? m E SOUTHRON, Established rlea-Vol. XXVII. He 2? LIVE S I OCR ASSOCIATION. State A nmh hit Ion to Meet tn Odumbia pm F* brnary ? und 7?Letter to the Metnliers. The foilowing letter and program has been sent the Item with the re? quest rla?t it he published: Clemson College, Jan. 29. Ifl08. Dear Sir: The sixth annual meeting cf the South Carolina Live Stock as? sociation will be held hi Columbia. S C, Feb. Cth and 7 th. Several sneak? ers of m?te have been secuied and a good program is expected, ike ses? sions will be held in the City mil, and you are urged to attend. We believe that the association has been of benefit to the State, bat if we are to Hand up for our motte, "More L.ovo Stock and Letter Live Stock,** the werk of the association must be pushed. No association can do its nest, un? less the members attend the meet ii.gs, especially the annual meeting, where the policy of the association Is eutlinea. It is, therefore* yc ur Juty to attend this meeting. Several mat? ter.) of important* to the a^sociaf^a will be discussed at this me?ting aid you should be there. The annual dues of $1 aro now due and, eg the association is in need of funds, you will please pay then*, promptly. Talk up the nspociation and its meeting to your filends and get as many tc attend as ycu can. Send in the names of those who will probably j(?in. Reduced rates have been a*Med for, but lia\t not as yet been secured. However, it would be weh for you *o> take o receipt from your agent saying what your ticket was for so that if the rate is secured, you could get th* benefit of it on your return trip. Trusting that you will bo aole to meet with us, I am, yours very truly. v J. It. Burgees, Acting Secty and Trcas. ' \ m. Thursday Association"'? PROGRAM. First sessi jn, 10 a. m. Thursday, Feb? ruary 6: President':* ? Annual Address?Mr. Thos. Taylor,' Jr., Columbia, c*! C. The Value and l Reservat irn of Farm Manures?Prof. J. N. Harper. Clemson College, fL-CV. ? . General discussion. Second session, 3 p. February 6. Address?"Work of Mr. ' B. H. RaVl. United State?, De? partment of agriculture Business se.-sijn?to include' report?*. of all committees and vice president*?. Klectir n ef officers Appointment of c onmittees. Third session, 8 p. m.. Thursday, February 6: Perk Production' In South Carolina ?Mr. B. Han.s, Fendlcton, S. C. Address?Geo. M. ' Rommel, U. S Department cf Agriculture. Feeding F.irn-. Animals?Prof. D. O. Neujse, Clemsen College. S. C. General discussion. Fourth session, 10 a. m Friday. ? February 7: Dallying in the Stuth?Mr. B. H. Rawl. IT S. Department of ' Agilent* ture. Some tteenltf of the A'oik ? Mr. W. D. Byrd. Laure-iis. S. C. Silos and Silage in South O-.r iMr.a? Mr. J. E.Dorman, C S. Department of Agriculture. Gen? ral discussion. Fifth tendon, 3 p. m. Friday, Feb? ruary 7. Ticks?Tickr? Ticks. The Tick and How to Eradicate it ?Dr. A. J. Payne. U. S. Department e?f Agriculture. The Work in South Ca re* Una and the R< suits?Dr. M. R. Powers, Clem? son College, S. C. General discussion. MUCH COTTON Hl'RNKD. Plant of Atlantic Company al ie'tis. <?a.. Destroyed Amcrieus. Ga.. Feb. 2?The plant of the Atlantic Compress company, with bet wet n J.OOO and 2,">00 bales of cotton, was totally de.-troyed here tonight by fire. Three hundred bales of cotton were aaved in damaged con? dition. Six freight cars loa led with cotton and merchandise w*en de? stroyed In the central of Georgia yards. Th ? total loss is estimated at between $140.000 and 5 CO 0 0? Ev? erything is covered by insurance. A 16 year old boy of Greenwood wa-s seriously hurt in a runaway a Tew days ago. W. L Mobley, a well known eiti sen of Chester, died at hh? home from paralysis. Love never knows hew much It gives nor what it costs.