Historical Newspapers of South Carolina

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Alf. 1,188 t dWn^ffffffffj ?UsW Wadkp)gdjgyt DL2J1 * uria ne ? law tf ihn mate. J k 'fcttfesffsss 'ffshffhWsl Of' Mflll aervlee of ?rooa htitt t? OT ft? tO upon to gotlty of a nniederaeanor. i? t. That aar person who thall ?tract to receive from an? il ainMi of any kind, aim therefor and fraedaleatry, or with to injure ha* employe, to eeeorre auch? aer? ie compensation aa II ha dstmeo guilty of too failure at either .to perform the by htm thareun eauee aad to the tajary of tha etJuer, ?hall W facie evidence, la prosecution4 I and I. thai he vio fraudulently and with maWotnua ineoot to injure \hz That aap pwpan who shall contract with another to personal service of any klnJ to him. and alkali thereafter fraudu? lently, or wis* me Melons latent to in? jure the snaployer, ..procure advs ac??? la smeaiy or othsr thing of value from hint, with tettnt not to render theser agreed upon, and who shall with lUs tntout fall or re pst toim the service agreed upo% shall he deemed guilty of a assedeaaeaaor. Proof ef the fact that tfco assptoyo saterrd Into sho con? tract, procured advances and falle?! to oeaaplete the contract without it 10001, to the Injury of th* Isull be prlma facie ort of the offense herein described and deetarsd a misdemeanor I. That any pornon who shall contract with another tore cote* from him personal service of aar kind to eonponeato him therefor and to make advances to him. and shall thereafter fraedontly. or with saehctoa* latent to Injure the env pkyyo, receive the benefit of such sorvtee la whole *r la part, and with Nke Intent fall or refuse to make, the tfioa 3t advanoee agreed Shall be deemed guilty of mlsdeaaeanoff. Prowf of the fact that the employer entered Into ths con? tract, received the b-nofU of the em ploye's eervices. in whole or in part, and tea led to make ths compensation or advnneso agreed upon without suf ftotoat cause t> the Injury of the em piers, shall be prime fiwie m Ids nee of tU? 1 ffinee horelh described and de too. The eoatraet referred to In tfrt* gat may he either for er In MM. 'Be Im* an 8UMT writing; it in writing, they must on executed with the formalities required by Section III. Criminal Code. A. D. dial; If verbal, they must be witness? ed by at least two disinterested wit? nesses; not related by blood or mar* rings within the sixth degree to either party; and the term of service con? tracted for must be for a definite time not exceed lag one year. All such con? tracts shall be valid only between the original parties thereto, and any at* tsnptsd transfer or assignment of any rights thereunder shall be null and dee, 7. That If either party to any wtittsh contract herein referred to de? sires to avail himself of the benefit* of this act against third parties he shall cause the asms to be Indexed In vtha office of the register of mesns conveyances of the clerk of the court (whore the office of the register of aasass conveyances decs not exist) of the county In which the said labor or service Is to be performed, within ten days from the date of the con? tract; and such Indexing shall con? st! tuts netieo to all third par***, ?aid Index shall show the names ? of the employer and the laborer, pit dabs of the contract and <_ito of *tts tsrantnstton and the location dnd name of the place or places whereon said service or labor Is to be per? formed. The clsrk of the court or the register of mesas conveyances, as th* case mar he, shall endjhrse his omcial certificate, tho dato of nVlng to be indexed noon every such' contract filed mite** the provisions of this act. The clerks >f court or the register of mm*m snniasssssis, as the cast may % ?'h? she counties of/ the' mats shalt provide a booh for Indexing such contracts, which shall he plainly label? ed "Index Labor Contracts." ?so. I. That, apoa conlvctlon In a oonrt of oo>ait*nt jurisdiction of aar person charged with a violation of this act tho person so convicted shall he nunl??s4 by a lino of net less than i|| and not exceeding $100, or. V imprisshjasnt of not lorn than twejgry daws and not excedlng thirty* dare fee each ostanso provided, that f^sljhJl be up prosecution under tm?*s?the arrestshall he 4sv sued fcitata thirty days from the commission c f tho offenae. ?st! t. That this act Is,not intend? ed and shall notVbe construed to pro? tect any of the parties to, or punish | tho violation of, any contract or mat? ter connected therewith, where the inducement or consideration of such contract Is money or other thing of value, advanced to or for tho em? ployer prior to the oonmcncemtnt of service thereunder. All such con? tracts are hereby prohibited ard de? clared null and void * Sec. it. That all acta and parts of sets inconsistent with this set bo and tho same are hereby repealed. Bsc. 11. That this act shall go Into effsnt immediately upon tho approval of the governor. / Section 151 of the Criminal Code, above referred to, reads as follows, so far as It applies to this act: "Section II?. All contrai ls made between owners of land, their agents, administrators or executors, snd la? borers shall be witnessed by one or more disinterested persons; snd, ex? cepting verbal contracts, at the re? quest of either party, be duly execut? ed before a magistrate, whose duty It shall he to read and explain tho same to tho parties. Such contract shall clearly set forth the conditions upon which the laborer, or laborers, engage to work, expressing the length of time, the amount of money to be paid and when; If It be on shares of crops, what portion or portions there are," , By reading the above Section tlft. In connection with Section t of the new act. It will be seen that this Sec? tion til applies only to written con? tracts If the contract Is verbal tho provisions sot forth In Section I of this new ant as to verbal contracts shall be followed explicitly. I trust you will publish this at once, and suggest that every farmer or oth? er person Interested cut t out and preserve It for reference during the year. It will be some time before the aots are published. Very truly you c, J. Wright Nash. The president has sent to the sen ato It treaties framed at the Hague convention. Eleven of them, It is said, will be ratified without objection,* but two a 111 meet with strong Democratic opposition, and possibly with opposi? tion from the majority. Tho two which are found objectionable ard that dealing with prise courts and that practically ennunciatlng the Dra go doctrine. The way a man loses his grip when grip gets him impresses one with the truth of the saw "What's In a nan* ??'?Philadelphia Inquirer. d Fear not?Let au the cadi Thou Aln ER. S. C WEDNES1 ssssanBssMsssnsssasasaBBsa^ FEDERAL JUD6E TAKES CHARGE. ANOTHER SENSATIONAL DEVEL? OPMENT IN THE DISPENSARY CASE. Judge Priteherd Assumes Jurisdic? tion, Declaring the State Forfeited Constitutional Rlghta When It En? gaged tn the Liquor Business and Can Be Sued on Dispensary Claims At An Individual?Two Special Masters To Be Appointed To Make TenUmony. AshevllU. N. C. Feb. It.?In the matter of the Fleisch mann Company against the dispensary commission of South Carolina, Judge J. ^. Priteh? erd in the United States circuit court today hold that the court could as? sume Jurisdiction In this ease on trU ground that trie funds in the hands of the dispensary commissioners la a trust fund held fo- the creditors of' the dUpenenry. In substance the judge's decision state*: {That, as the State of South Caro? lina has seen fit t> engage in the pur? chase and aale of spirituous liquors. It can not be sat sons bly contended that In so doing it Ik performing the functions usually exercised by a State when necessary to preserve Its auton? omy and maintain its sovereignty. "The supreme court of that- State has decided that the act authorising the establishment of a dtspenrary was ( constitutional. However, it can hard* ly be assumed that It was contem? plated at the time of the adoption of the 11th amendment that a sovereign State would engage in. the purchase and sale of spirituous liquors \ for profit. "The Ptate, hatting seen fit to en gag? In this ocsinus, and at the ram*; tlar.o to deprive Us ettieens of the right to engage in ouch butinese In competition with the State^ thereby placed Itself In a position , where it] could net* with consistency, avail it* self of the immunity conferred the Ulh amendment In a suit like the oos at bar, tn which It is sought w> colter* a debt contracted by the tudl vlduals placed. In control of ouch bu*i? hem, wBh impllod If not direct au? thority t?? contract such debts. Hav? ing deprived its cltlsena of a right to engago in thie particular line of busi? ness, reserving the right to monopo? lise the business through its agents appointed for that purpose, It would be manifestly unjust ta permit tho State under any circumstances what? soever to avoid the payment of debts contractdd by the purchase of good* from the sale of which it has depriv? ed' enormous profits." The dispensary matter was brought up In court today on an order of Judge Prltchard signed on motion of the Wilson Distilling- Company and other creditors citing the dispensary commission to appear and show causa why a receiver should not be appoint? ed for the $800,000 fund now held by them. Before the hearing in this case Judge Prltchard informally an? nounced hia decision in the matter of the Jurisdiction of the court In tho Fleischmann case, which waa also a suit asking for a receiver for the dis? pensary fund. The court maintained that the de? fendants, the dispensary commission? ers, were not officers of a court in the strict sense; that they were mere? ly officers to perform a certain speci? fic duty. He said that the sum of $800,000 was placed in the hands of tho dispensary commissioners to ?et tlo all Just liabilities of the dispen? sary, and that it was clearly a trust, fund. The Judge declared that the suit is not a suit against the State and add? ed: "I havo carefully considered this whole matter and had I any doubt r would give tho defendant* the benefit of that doubt and rule in favor of ths State. There Is no doubt in my mind, however, and therefore the court takes Jurisdiction " Judge Prltchard said it was his purpose to appoint two special mas? ters t > hear i vide nee and make re? port on April 6. It Is understood that these masters will be appointed next Monday when the defendants make formal answer. It Is understood that the defend ants will appeal from tho decision of the couit. During the hearing today the Pr.ul Jones Company presented a motion that the court make an order requir? ing the payment of Its jlaiin off21, 000. Mr. Mordecal, of Charleston, counsel for the Wilson Company, pro? tested, declaring that the claim had been allowed In consideration of val ualde information given the dispensary mission by the Paul Jones Company reflecting on ether conditions and he made the point that the Paul Jones Company wae not a party to the pres? ent suit and had not corne In and and 1 uVt At be thy Country's, Thj God's an PAY. MARCH 4. 190 I SCORED BY MR. PATTERSON. HE CK1TIZES PRESIDENT ROOSE? I VELT S APPOINTMENTS. Soys the President is Changing the Constitution to Suit the Situation? Whack nt Judge Pritchard. Washington, March t.?Represent? ative Patterson of South Carolina has figured out that President Roosevelt has been making steady and effectiyu Injections into the judlcal department of his policy of construing the con? stitution to suit the exigencies of ths situation. Mr. Patterson late yester? day afternoon disclosed his discover? ies In a speech in the house, Inciden? tally he took a little whack at Judge Pritchard. Referring to a publication Issued by the department of justice giving a list of federal judges, Mr. Patterson so|d: This document shows that since -his accession to office In 1904 President Roosevelt has appointed federal Judges as follows: Supreme court of the United States, three x as? sociate judges, one-third of the mem? bership of that great tribunal; cir? cuit courts In the Cut ted States, 17 of the Si judges or 4l,i per cent; dis? trict counts of tho United States, At of tho SO judges or f. 1.5 per cent. Judging these appointees by the character Of Judges Pritchard and Jonen, we may assumes that some of thorn, at least, hold the opinions of ths appointing authority respecting the necessity nt changing ths consti? tution by 1ud!ca! construction In or? der to meet the exigencies of those corporation* which contribute most liberally to the corruption fund of the Republican party. "And before the present term ex? pires the president will probably have opportunity of packing the courts with enough men of the sums clam to Insure the perpetuation of the so-call ed 'policies' by judlcal action, unless we act ss our predecessors did in it02 and deprive some of these use and time-serving judges of some Or a? of their Judicial powers. Diaro Wrd/ng the fact that before March 4, .it& there Is a probability of our . havlng* seven Roosevelt judges on'the surre me court bench, wc may by that time hav?. In office for life ' 17 of the SO circuit ju.lge* and 47 of the 80 dis? trict court judges. If Mr . Roosevelt should be reelect?d, as many cf our Republican fi lends anticipate, we should probably have on the bench by ISIS as Rooievert's appointees 20 of of the 2? circuit court judges and 59 of tho 80 district court judges. If this should happen the hands ef oongress and of every State legislature would surely be tl?.d hud and fast by Judi? cial usurpation." > Mr. Patterson was speaking In fa* vor of his bill to prevent any federal judge from issuing any ii.junction wihera the law of any State or the of* ficial act of any State official is c m cornel.?Zach McGhee in the State. surrendered Itself to the jurlhdictlon of the court. Attorney General Lyon, on behalf of the .commission, stated that the Paul Jones Company and the An heuser-Busch Company had admitted that they had o\ercharged the dis? pensary and cheated the Slate out of thousands of dollars and had sub? mitted to the auditing of their claims and suggested that no action be taken until the question of juris diction was settled. Judge Pritchard announced that the court had no desire to provoke a conflict, but at the same time intend? ed to do its duty. The Paul Jones company was allowed to have Its claim certified as correct by the dis? pensary commission, and the claim would he oi-dered paid. In the case of the Wilson Distill? ing company and other creditors to? day in the matter of a receiver, ar? guments were made by T. M. Morde? cal of Charleston and Frank Carter of Asheville on behalf of the Wilson company, and by George B. lister and A P. Barnard of the Flelfchmann company, and Attorney General Lyon and Mr. B. L. Abney of Columbia for the dispensary commissioner*. After which Judge Pritchard decided to continue the hearing in this matter until next Saturday at 10 o'clock. Among other prominent lawyers pesent representing different interests are: Lawrence Maxwell of Cincinnati, A. J. Carroll, Louisville; A. A. Law? rence, Savannah; B. W. Rountree, At? lanta. Incidentally a feature involved which is creating some Interest is whether the representatives of the several liquor Arms, creditor* of the dispensary, will now brave criminal proceedings In South Carolina and appear before the dispensary in that State to certify their claims or wheth? er a hearing will be asked for outside of South Carolina. d Truth'*." TUB TRTJJ 8. New Series FEATILESTONE GIVES VIEWS. Gives Out a Statement In Greenwood Which Leaves No Doubt as to Ills Candidacy for Governor--- Some, thing About Prohibition. Greenwood, Feb. 27.?Mr. C. C. Feat hers tone of Lau r ens, is In Green* wood on professional business. He is assisting the prosecution In the case of the Stato against C. Wsah Hunter, indicted ofr murder. This case was transferred from Laurens county to Greenwood county. \ Mr. Featherstone was asked the question If he ahd positively made up his mind to run for Governor this year. He replied, "Yes, providence permitting, I shall certainly make the race. My friends from all sec? tions of the state Insist that I shall stump the state in the Interest of prohibition cause?believing that the time is ripe for the state wide prohi? bition. As you know, I have always been a prohibitionist and have been advocat I lng the cause for over twenty years. In 18?8 I stumped the state as a candidate for Governor on the prohi? bition ticket Ws then only lacked about three or four thousand votes of being victorious-?a change of fifteen hundred or two thousand votes would have changed the result. Two years later my friends insisted that I should again be their standard leader, but I believed that my old friend?the gallent ex-con fed crate soldier Col. Hoyt?could come/ nearer winning than I. For that reason I de? clined to run and advocated the elec? tion of Col. Hoyt?going to Columbia and taking charge of hie campaign between the first and second prima? ries. The prohibition sentiment, at that time, was not quite strong enough to elect even so good a man as pol Hoyt Since that time I have hen study? ing the situation with great care.' Fcur or five months ago, I gave, at. art Interview on the subject advocat lng for the present, tho enactment of a law making tho entire State dry, but permitting counties whena prohibition sentiment was sreak to vote in the sale of whiskey. A great majority of my prohibition friends In the state fully endorsed my views. I stated on the interview that, of course, what I ultimately sought was Iron clad, state wide prohibition; and further, that in my judgment the time was net far off when the state would be ready for It; and further that when there was sufficient pub? lic sentiment behind It to enable us to enforce it, I would then be In favor of state wide prohibition. Since giving out that interview, I have been in close touch with pro? hibitionists throughout the >tate, en? deavoring ta ascertain the present strength of fne sentiment and maklnr diligent Inquiry as to the enforcement of the law In the dry counties. I have also been studying the reports of the dispensary auditor, and to my amaze? ment, I find that the county dispen? saries are selling almost as much li? quor as did the old dispensary, when It was In full blast. They sold in the last year three million dollars worth of liquor. In addition to th*s, I find that the 'dispensary counties are pelt? ing tremendous quantities of whiskey to the contiguous dry terrltorry. Lau? rens is selling to Green? wood, Greenville, Spartanburg and Newberry?thus, to a large extent nullifying and destroying the effect of prohibition in those cour.Ties?and like conditions exist elsewhere In the State. In this State oir affairs, I have de? termined to stump the State this year, advocating straight out State prohibi? tion. The only way to find out the strength of the prohibition sentiment Is to submit the question squarely to the people. If a majority of the peo? ple are in favor of State prohibition, then, we will give it an honest, fair trial. The prohibitionists of the State are not fanatics, but?on the contrary, ar? sensible, practical men. If the practical workings of a State prohibition law should demonstrate that It Is impossible to enforce It in certain counties where the sentiment is weak?then it will be a very easy matter to tack on a local option fea? ture, permitting those counties under the nost rigid restrictions, to vote in the sale of whiskey. "Sufficient unto the day Is the evil thereof." What we want Is to give a general prohibition law an honest, fair trial. I am reliably Informed that when the old dlspenrary law was enacted It was with the view of ultimately reach prohibition. Hundreds of honest men all over the State who believed In prohibition were under the impres? sion that the dispensary law was a step towards the accomplishment vf the ron. E SOUTHRON, Established Jon?, lMt -Yol. XXVII. No 31 desired end. At that lime, so I am informed, there was at lea*!?a quasi agreement that if the dispensary law proyed to bo, a failure, or aMtr It had served its purpose, then the people of the Stat*4 were to be given prohibition. The old dispensary law is gor.e. We have a substitute that is nothing but a reproduction of the old eyetrm on a smaller scale. Tn my judgment, the substitute will eventually he as bad as the old. Personally, I would prefer not to run this year, but my friends Inalst (and I agree with them) that the time is ripe, and, under these crrcuut stances, I do not feel that 1 c?-?uld stay in the path of duty and fail to re? spond to what I regard as a great moral obligation. When the time is ripe for the in? auguration of a great moral reform no man, nor aet of men. ought to stand in the way; ordinary customs' should give way, under such circum? stances. I have, therefore, thrown aside my personal preferences, as to making the race now and will yield to tho wi dies of my friends, and do all In my power to aid in bringing about this great moral reform. I hops and trust that the Stets Democratic committee will submit the question of Prohibition? or no prohi? bition, squarely to the people in. the next primary. The people have a right to vote upon thir question and nettle It at the ballot box. 1 know of no other practicable way of present? ing the cause to the people other than from the stump during the cam? paign. SCHOOLS PHIZES A3W OFFERED*. Announcement of CojanMaans foe En? trance in Contest M??/t by Mise Mary T. Napre i -r^-: ' < Columbia, Feb. 21.?The South Carolina Improvement ?' association otters IS prizes to the scepsis of the State for the moot decided material Improvement made daring a given length of time. Five of the prises ara $100 each, and If are to be 160 each. Regulations concerning the It prises to be awarded by this asso? ciation as announced by Mise. Nance, the president are as follows: 1. Improvement must be made be? tween January 1 and December 10, 1908. 2. Prizes will be awarded to schools where the most decided mat? erial Improvements have been mad* during the time mentioned. 3. Under material imprevense nta are included local taxation, consolida? tion, new buildings, repair ng and painting old ones, libraries, reading: rooms or tables, and general better equipment. 4. No school can compete for any' of these prises unless it is a rural1 school. No town with move than 500 population shall be elignMe to the contest 5. All who wish to enter this con? test must send names and descriptions of schools heft re improvements are made, to the president prior to October 1st 6. All descriptions, photgraphs and other evidences showing improve? ments mnust be sent in to |he presi? dent before December if in The chairman of the board of trustees of any school that Is competing tor a prize must approve all descriptions before and after improvements ara made. I, Prizes will be awarded In checks at the annual meetng of tho South Carolina Improvement Associa? tion, December Slat, ISO* Tho prizes ore to be used for further im? provements in the scheols receiving them. KILLING AT LAM A It Dispute Over Lend Lane Results fan Tragedy Near Lama*?Slayer Still at Large. Umar, March J.?lOobert A. Ran? dal was shot and killed by Dick Par nell this afternoon about 4 o'clock at his place about three miles from La mar. From what can be gathered it seems that the trouble arose over a land line bctwtcn the parties. Randal was slaking off the line and Parnetl? without a word of warning, fired hi* breech loading shotgun, the contents entering the loft side of Randal's head, which produced death Instant? ly. Mr. Randal was a very industri? ous farmer and was well liked by tho entire community. He was 47 year* of age. He leaves a wife and three small children to mourn his untimely death. Pamell is afcoot 50 years of age and has a wife and seyerat-chil? dren. It is reported that Parael ha* left for parts unknown.