Historical Newspapers of South Carolina

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highest covrt in thk land i7phkld old d1hpkxsary SYSTEM. lataneeth*| In iVdrrtl Circuit Court Dertssosi Im ?Vlsrhraann Case That ?oath Carolina Hu No Rl?ht to Eagage In Whiskey Traffic at V?. stance With I n feed state* Supreme Cssirt Decision In Ysndcrcook vs. ^ Tun case. Columbia. Sept 17.?On account of certain Intimations In the decision of the Court of Appeals In the case of Tielach mann against the dispensary commission, concerning the State k dispensary systert. It has been sug ?agected that the Courts might declare j*** county dispensary system uncon * stltutlonai. but an examination of the decision and of former decisions does not support that Ides. to fsr ss the constitutionality of the ounty dlspenssry system Is con i It Is undoubtedly on the same listing as the old State dispensary system. It Is provided In the Consti? tution of the State that liquor shall be sold In this State only by the State or by parties licensed by the Legis? lature, and no such thing as a "coun ^ tjr" dispensary Is In reality possible. %WTherefore In establishing a system to be conducted by the counties It was necessary to declsre that the business m should be conducted In the name of the State, and that provision is In the county dispensary law. . But the Supreme Court of the Vnlt BT *d States has passed squarely on the constitutionality of the State dispen? sary system, snd In the celebrated case of Vandercook vs. Vance, the "original package" case, the Federal Supreme Court held "that In Its sxer ^iCtss of the police power the Statu of wiouth Carolina haa the right to mo? nopolise the sale of whiskey. A year or more sgo Mr. O. Duncan I Bellinger, formerly Attorney General, was called on to settle a dispute be? tween two gentlemen of this city In d to the effect of the decision of ?upresne Court In the Vandercook . and his conclusions are perhaps the most sue et net snd exact statement at Use ease 4a record. Mr. Bellinger entirely familiar with the de law snd Its history, having Attorney General when ths law In litigation, and his findings In Cafe ones will bo of particular Interest Just st this time. After reels wing the decision snd sja sting portions of It ho said: "My conclusions are **<s) That the Court considered thst gf the complainant. In ordsr to obtain the prayer of his bill, made three conten? tions: trat, that there ware 'provisions In the dispensary Act which, on thslr face, amount to discrimination, snd that ?fore render the Act void;' sec? ond, tkst It was a violation of the t Constitution of the United States to confer upon Stets officers the power to say sll liquors which are sold In ths State snd forbid the sale, even In "original pscksgee.' by say other per? son: third, that paitlcular restrict ton? In ths Act Imposed, as to Importation I of liquors for personal use. sre uncon , stltutlonai This last Is too 'narrow In Its purpose' to effect more than the 'particular restrictions.' but the our* declares thst 'the first tw >' contentions go to the whok statute, and. there? fore, if well taken, render It void ss P an entirety.' "<b> The Court decides that if It 1? uneonstitut.onal to forbid the sale, by private parties, of liquors In the original packages It can only be be? cause the Act regulating the sale of liquor generally is unconstitutional, inasmuch as by the Act of Congress, lifo, 'the restrictions and regulations of Stats Isws become operative on Bli original packsge bofore the sate I thereof, snd thr <?fore such packages csnnot be told if the State law forbids the sale. ?r csn be only so sold In the L manner and form prescribed by the State regulations.' ?'(c) The Court argues and con? cludes It Is not unconstitutional to prevent the sale in original package* by other than State officers, because such prevention is the effect of the Inhibition of the Act. which Itself 'is i but the execution of s posrer lew fully vj?t*d In the Legislature of the state. <p. 441.) -(d) While the Court declared the ?particular restrictions* void, as re? stricttng the ftce importation of li? quors for personal use, it decides that the vies does not extend to the whol<* Act. but Is so separable from it as to be eliminated snd leave the general pfovlslors effective under the Con? stitution; ss Is shown by the Court's dissolving the Injunction pxalnnt the selsure of liquors stored for sale In violation of the terms of the dispen? sary Act. "Therefore. In my opinion, the Cnlt rd St tes Supr??no- Couit. In the SjSJSS considered, did deoUr.- that the dis? pensary Act Is constitutional. "O. Duncan Hetlinger. "Columbia. S. C, March 10, 1907." The decision of the Court of Ap-# peals does not pass on. but merelv loaches upon, the right of the *<tott. to engsge in business hirSssjigfiy th> whiskey business. The decision says r Mint iu the "conception and adoption < f the 11th amendment it 110*0? enter? ed the mind of the franiers of the Constitution that a sovereign State would engage In a business as a li? quor dealer, and become a trader by buying and selling an article of com? mon traffic In competition with the clthtens of the country," but the Court goes on to say that to pass on thii point "is not necessary to the dispo? sition of the cast-, and then we have not authority in point to guide us." However, it will be recalled that In the celebrated Vandercook case, the "original package case," the Supreme Court' of the United States sustained the Supreme Court of South Carolina, snd differed from the opinion*of fed? eral Judge Slmonton, and held that the state of 8outh Carolina In the ex? ercise of its police powers had the constitutional right to monopolize the whiskey business, and in fact the c< urt of Appeals In the Fleischmann dt-ciston Is In error perhaps when it refers to the trade In whiskey as buy? ing and selling "in article of common traffic," for the courts have held time and again that the traffic in whiskey Is different from the traffic in articles or ordinary commerce, and that In the exercise of Its police powers the State has the right to prohibit that traffic altogether. The point is also raised that if the State In its sovereign capacity could not engage in the liquor business, thon It could have been sued for the claims against the State dispensary and that, furthermore, since the county dis? pensaries are run In the name of the State, the State can be sued for the claims against them. However, the liability of the State In respect to the county dispensaries Is expressly lim? ited by the Act under which the con? tracts of the county dispensaries are made In Section f of the Carey-Coth ran Act It Is stated: "The members of the said county board are hereby declared *o be county officers, and are hereby authorised and empowered, under the authority and In the name of this State, to buy in any market and retail within the State liquors and beverages," etc., but It is pro? vided that "the State shall not be lia? ble upon any contract for the pur? chase thereof beyond the actual as? sets of the dispensary for which the purchase Is made." BIGGER THAN LEGISLATURE. Andes son City Condi Declares an Act of the Legislature fJnconsUtnUonal. Something of s sensstlon was ?prurg at ths nee ting of the city Tunell lost right when the app-el -|*w of ths city vs. J. A. Stevens, con? victed Is ths mayor's court of cruel? ty to animals and sentenced to pay a Ane of 110 was taken up. City Attorney John K. Hood rose to explain to council that an amend? ment had been made to the statue covering appeals from the mayor's court at the last session of the general assembly. He put a motion that council refuse to hear the case on the ground that the amendment was un? constitutional. The amendment made provides for the striking out of the words "And the aldermen shall sit as a Jury to try the facts,'' and substitutes in lieu thereof the words: "And the alder? men shall alt as a court and a con? currence of the majority of the alder? men present shall be necessory for a reversal of the Judgment of the may? or, Intendant or mayor pro tempore, but if the aldermen shall disagree In opinion, the Judgment of the mayor. Intendant or mayor pro tempore shall be affirmed." Mr. A. H Dagnall, representing Mr. Stevens, said re had no objection If the council saw fit to "override the general assembly of South Carolina" in declaring the act unconsitutlonul. I'ut he thought it a hardship on the witnesses to be forced to come before the body som? other time. He said there was no written evidence ta? ken in the case and there It could not be appealed to the circuit court. He thanked the council "for dismissing my client." If the case 1? not brought up on ap? peal at the sen-dors court next week. City Attorney Hood will enforce the fine imposed by the mayor, and In this case habeas c ?rpus proceedings will have to be resorted to by Mr. Dagnall to prevent payment of the fine or con tlnement of his client.?Anderson Mall. Ih*st Treatment for n Hum. ?If for no other reason. Chamher 'aln's Salve should be kept In every household on account of Its great val? ue In the treatment of burns. It al? lays the pain almost Instantly, and unless the Injury Is a severe one, heals the parts without leaving a sear. This salve Is a'so uneoualed for chanped hands, sore nipple* and diseases or the akin. Prlco 25 cents. For sale by all druggists. True love can never forget.? Kr*ivch. THE SUMTER CLOTHING CO. mm accused of craft. IIEAHKT HEADS LETTE HS FROM ARCIIBOLD TO THE SENA? TOR Before Large Audience at Columbus. Ohio, Xcw York Editor Reads Lei tern Referring to Fending Leglsla tlon and Enclosed Cheeks. One for $14,500 and One for $15,000. Columbus, Ohio. Sept. 17.?Thomas L Hlsgen, candidate of the Inde? pendence party for President, and Win. R. Hearst addressed a meeting at Memorial Hall tonight under the auspices of local organizations of the party. Mr. Hearst read letters, which he said had been written by John D. Archbold, of the Standard Oil Compa? ny, to Senator J. B. Foraker, of Ohio, referring to legislation pending in Congress and mentioning two Inclos ures of checks, one for $15,000 and an? other for $14.500. Mr. Hearst said: "We claim that the Republican party has been for a long time the beneficiary of trust corruption, and that the Democratic party has only wa'U-d for an opportunity to share its sister's profitable Infamy. Wt claim that the Democrats are today eagerly competing with the Rcprblicans for trust funds. "We claim that when Theodore I Roosevelt wiped the Standard out of I the Republican party the Democratic I party welcomed the convicted crlmi I nal with open arms. We claim that I the Democratic party killed for Mr. I Rockefeller the fatted calf and that I there Is more rejoicing over this one I sinner who has Joined the Democratic I cause than there is over the hundreds I of thousands of honest, faithful citi Izens who constitute the Democratic I masses. "I am not here with empty asser? tions but with legal advice and docu I mentary proof. I "1 am now going to read copies of I letters written by Mr. John D. Arch? ibald, chief agent of ne Standard OH. Ian Intimate personal Republican I friend of Mr. Rockefeller and Mr. I Rogers." Mr. Hearst then read four I alleged letters from Mr. Archbold ad I dressed to Senator Foraker, dated I March 9, March 26, February 16 and I April 17, 1900, respectively. The first I refers to two bills, one mentioned as I House bill No. 600, in relation to for I elgn corporations, against which he de Isired a discrimination made. Follow? ing It. 17 days later, the second let I ter refers to an enclosed certificate I of deposit to the Senator's favor of I $15.000. The third refers to "another I very objectionable bill," which he I hoped there would be no difficulty In I killing. The fourth Is as follows: I "New York, 26 Broadway. April 17, 1900. I "My Dear Senator: I enclose you I certificate of deposit to your favor of I $14.500. We are greatly at a loss In I the matter, but I send you this and I will be glad to have a frank talk with I you when opportunity offers, if you I so desire. "I need scarcely again express our I great gratification over the favorable I outcome of affairs. Very truly yours, "John D. Archbold. "Hon. J. B. Foraker, 1,600 16th I street, Washington." , HEARST HITS AGAIN. Rends a Few More Damaging Letters From Arclibold to Foraker. St. Louis, Sept. 18.?William R. Hearst in a speech tonight answered the reply which Senator Foraker made today to the letters read by Mr. Hearst I in Columbus, O., Thursday night. Mr. Hearst said In part: "Mr. Foraker replies In character? istic Republican manner. He admits that he did serve Standard Oil and is proud of It. His statement is based on letters I read last night. If he had seen the letters I am going to read tonight he would have denied the Whole matter." The first letter follows: 26 Broadway, New York, Jan. 27, 1902. My Dear Senator: Responding to your favor of the 26th, it gives me pleasure to hand you herewith certifi? cate of deposit for $50,000 In accord? ance with our understanding. Your letters state the oonditloas correctly and I trust the transaction will be successfully consummated. Very truly yours J. d. Archbold. Hon, J. H. Foraker, Washington, d. C. The second letter, as read by Mr. Hearst, was as follows: 26 Broadway, New York. Feb. 25, 1902. My Dear Senator: I venture to writs you a word regarding the bill Introduced by Senator Jonei Of Ar? kansas known as *>. 649, intended to atnens the act "to protect trade and commerce against unlawful restraints and monopolies/' etc., Introduced by hint Dee. 4. it really seems as though this bill Is very unnecessarily severe ana even isjclous, ll It not much better to test the application of the Sherman act before resorting to a measure of this kind. I hope you will feel so about It and I would be greatly pleased to have a word from you on the subject. The bill is, I believe, still in commit? tee. With kind regards, Very truly yours, John D. Archbold. Hon. J. B. Foraker. Washington, D. C. The bill referred to in this letter U the one Introduced by Senator Jones of Arkansas In the United States sen? ate. Consequently Mr. Foraker's statement does not convince when he eald that the correspondence had nothing to do with anything In congress. "There Is no greater danger to this republic than this mighty power of money employed for evil. There are no greater criminals than those trusts that corrupt the public ser? vants. "The Republican party has long been maintained by these criminal combinations. The Democratic party has long wanted to be tempted by these corporations. "When Bryan was nomln?ted in 1396 I had Just reached success with my New York papers. I pondered all night what I should do. I stood ev? erything to lose and nothing to gain. I did not believe in free silver, but I did believe in Democracy. I decided to make a right for Bryan. "My material success crumbled, advertisers threatened to withdraw their patronage if 1 continued to sup? port Bryan. The deficit for October. 1896*. was $158,000. But we did not surrender." Mr. Hearst then gave his reasons for leaving the Democratic party. "Mr. Bryan," he said, "is a shell man at a county fair, executing a ?hell game. Where is the little ball of free silver, of public ownership, of the referendum? Gone. "Mr. Bryan Is an astounding Jug? gler. He balances on one hand Bel mont. the labor breaker, and on the other Gompers the union labor leader. "Mr. Bryan Is the political loose skin man. You cannot tell whether he is coming or going. "Mr. Bryan charges that I am an? gry at him because he did not sup? port me for the presidency. That is not true. The Independence party was formed to restore genuine Dem? ocratic government, genuine Ameri? can government. I am In this party because I And In it a better and truer democracy than in the old parties; because I find In It more patriotism and intelligent leadership than In the old parties." Mr. Hearst left town tonight for Memphis. To keep track of the new records being made in aerial voyages nowa? days makes a man dizzy, but the task will grow less arduous after a while.? New York Tribune. NATURE TELLS YOU. As Many a Sumter Raider Knows Too Well. When the kidneys are sick. Nature tells you all about It. The urine is nature's calendar. Infrequent or too frequent action. Any urinary trouble tells of kid? ney ills. Doan's Kidney Pills cure all kidney ills. Sumter people testify to this. Mrs. Chas. Browning, living at 101 E. Canal St., Sumter, S. C, says: 'I suffered from kidney complaint for some time. My kidneys were very irregular in action and caused me to arise often during the night. The secretions were highly colored and when allowed to stand deposited a heavy sediment. I suffered from dull nagging backaches and had dis? tressing pains through my loins. My head aches constantly, I could not rest well at night, and in the morning felt tired and languid, and was de? void of strength or energy. Since I used Doan's Kidney Pills, procured at China's drug store, I have been free from backache, and pains in my loins, am able to rest well at night and my kidneys are regular In ac? tion. The headaches have ceased ind I feel strengthened and better In every way. I give Doan's Kidney Pills the credit for the great relief I have received." For sale by all dealers. Price 50c. Foster-Milburn Co., Buffalo, New York, sole agents for the Cnlted States. Remember the name?Doan's? ind take no other. 64. Judge De Yore refused a motion for a new trial In th" case of Thos. Lindsay and Columbus Situs, who were sonvicted of manslaughter in Greenville, ?Be/ps Laxative Cough Syrup always brings quick relief to eeugks, colds, hoarseness! whooping cough and all bronchial and throat trouble. Moth? ers especially recommend It for chil? dren. Pleasant to take, gently laxa? tive. Sold be' Slbert's Drug'' Store J-l-3m Some men don't even try to reach the |op because they prefer com? pany. When Trifle* Become Troubles, ?if any pesson suspects that theli kidneys are derangen they shoild take Foley's Kidney Remedy at once and not risk having Bright'* disease or diabetes. Delay gives the disease a stronger foothold and you should not delay taking Foley's Kidney Rem? edy. W. W. Sibert. FORMER EXPLAINS!GRAFT. SWS HE WAS ATTORNEY FOR THE OIL TRUiT. Reply to Hearst's Cl targes Does Not Explain Awuy the Ap|>earance of Graft That the Arehbold Letters Fasten Upon Him. Cincinnati. Sept. IS.?United States Senator Foraker today issued the fol? lowing statement fn reply to the charges made last night at Columbus by W. R. Hearst: "I do not know whether the letters given out by Mr. Hearst are true copies or not, but I assume they are, for I was then engaged in the prac? tice of law and was employed by the Standard Oil company as one of its counsel in connection with its affairs in Ohio, where I was attacked in the courts and in the legislature. "While I do not re-all the details, I remember that I rendered the com? pany such service as I could and charged for it and was paid. "This employment had no reference whatever to anything- pending in con? gress or to anything in which the federal government had the slightest interest. "That I was so employed and pre? sumably compensated for my ser? vices was common knowledge at the time; at least I never l.iade any effort to conceal the fact. On the contrary, I was pleased to have people know that I had such clients. "It had not then become discred? itable, but was considered just the re? verse, to be employed by such corpo? rations. "That employment ended before my first term in the senate expired. I have not represented the company in any way since. In other words, I have not represented the company in any way since long befo:*e It was attacked by the federal government, nor since before, with full general knowledge, I was elected to the senate." HOW STATE CAPITOL WAS BUILT. Texas Gave a County of Land to the Farwells for the Job. The recent death of John V. Farwell, of Chlcr.go, aged eighty three, the long time dry goods mer? chant and influential citizen, says the Springfield Republican, was of espe? cial Interest in Texas because Mr. Farwell furnished the money to build the big red granite capltol building at Austin. The structure did not cost the State of Texas a cent of money, being paid for with 3,000,000 acres of land. This land covered the entire county of of Parmor, which now has a railroad, and extended Into other counties. Associated with John V. Farwell In this venture was his broth? er, Charles B. .Farwell. The capltol cost nearly three times the amount cost nearl thre times the amount orig orlglnally stipulated, but the Farwells stood by their bargain. The land re? ceived was at first operated as a mam? moth cattle ranch, but the Farwells have since sold most of it at satisfac? tory figures. The f;reat acreage in the upper northwestern portion of the State, which Texas back in the late seventies, being without sufficient funds for the Job, offered to any one who would construct a capltol build? ing Is thus depicted: "The land which the Farwell firm secured is perfectly level, a portion of the great plains of the State, which is now heralded as one of the most prosperous sections of the United States. Where once was the great tract of land, with fences reaching distances of upward of fifty miles, now is to be noted hundieds of stock farms, north, south east and west of Amarlllo, the center city of the Texas Panhandle, and these lands have been settled by thrifty and skilled rf Isers of cattle for the markets, cntng-s have been recorded since the Far? wells first decided to part with por? tions of their holdings. Settlers have entered the country by the thousands. The whole country has changed. In the territory trlbulary to the city of Amarlllo once lay a rich ranch. It was called the X. I. Tfi People in? habit it now. Texnline and Channing. as well as Farwell and Bovina. are among the towns that dot the plains, to say nothing of a score of smaller villages and posto'fices." A Paying lineament. ?Mr. John While, of 8S Highland avenue, Houlton, Me., says: "Have been troubled with a cough every winter and spring. I*ist winter I tried many advertised remedies, but the cough continued until I bought a SOc. bottle of Dr. King's New DIs covery; before that was half gone, the t ough was all gone. This Winter the sann> happy risu't has followed; \ few doses once more banished the annual cough. I am now convinced that Dr. King's New Discovery is the best of all cough and lung remedies." Sold under guarantee at Blbert's Drug Store. 50c. and $1. Trinl bottle free. THE SUMTER CLOTHING CO. A Sure Cure for Piles Mr. F. S. Randall of Mo. so East Mais St, Leroy, N. Y , writes that Bloodine Ointment haa Eo ven emc& cioui in a stubborn caaa of PUaa and ecu I F us u ret where everything else has fcalerL Bloodine Ointment u told on a positive goar uxn? to care Fiiea or money back. Bloodine Oint me nt U the saest healing salve in the world. ItwH nea it Ivel v cure cuts, Derne, old eoree, eceexaa ?ettar, ?ait rheum and all akin diseases. Pound at Last a cure for Ecsema. Mrs. Charles Blsarhari of Philadelphia, Pa., writes that ahs had suffered for many years with this terrible disease and had triad remedy after remedy for it. but could not tad a core, until she wsa advised to try Blaodioo Ois*> ment, and to her grant surprise one box healed up nearly all of the old eoree, and the second box completely awed bar. foe. a box by mail. ? Blondine Lhrer Pille can Constipation, sec. a box._ Sibert's Drug Store, SPECIAL AGENTS. SITUATION MORE SERIOUS. Fifty-eight New Cases of Cholera and Nineteen Deaths Rcportexl?Health Officers Confident. Manila, Sept. 20.?Fifty-eight new cases of cholera and 19 deaths are re? ported for the 24 hours ended at 8 o'clock Monday morning. The infected areas of the city and suburbs are spreading somewhat, but the health officers are stir confident that they will be able speedily to gain control of the situation. Gov. Gen. Smith has summoned a special meeting of the members of the Philippine commission to discusf the plague situation and to lay planr for the campaign now waging. Federal troops are at present guard? ing the sources of the cky's water supply to prevent the throwing of any Infected matter into the water, and it is probable that the forces thus en? gaged will be largely reinforced. The army transport Sheridan, which; has been detained at the harbor quar? antine station at Marivales for several, days owing to the discovery of two cases of cholera aboard, haa beer*, completely fumigated and a clean bill; of health haa been given. The Sheri? dan will sail today for Nagasaki, Ja? pan, on its way to San Francisco. HEARSTS PARTY A JOKE. Georgia Independents Split on Na? tional Polities and Carter Will Sup? port Bryan. Atlanta, Sept. 17.?A serious split in the Independence porty of Georgia occurred today when Chairman Sutler of the State executive committee an? nounced that no electoral ticket would be put in the field. At the same time National Commlmtteeman Clap** of the party filed with the secre? tary of state a complete list of State electors. Following a meeting of the State executive committee an official state? ment was given out by Chairman Bernhard Sutler, declaring that ft was more important to wage a State campaign for governor than to put an. electoral ticket in the field. Commenting on today's action ho said: "The action of our executive com mitteeman means that our condidato, Mr. Carter, will support Bryan and Kern in the national election. It means further that Mr. Carter is an independ? ent candidate for governor." Passed Examination Successfully. ?James Donahue, New Britain,. Conn., writes: "I tried severa^ kidney remedies, and was treated by our best physicians} for diabetes, but did not improve until I took Foley's Kidney Remedy. After a second bottle I showed improvement, and five bottlea cured me comp'etely. I have since passed a rigid examination for life in? surance." Foley's Kidney Remedy cures backache and all forms of kid? ney and bladder trouble. W. W. Sl bert. D'?cia Clarke, who was tried In Co? lumbia on the charge of throwing her child Into a swamp, was found not guilty. ?Every person should know that good hearth Is impossible if the kid? neys are deranged. Foley's Kidney Remedy will cure kidney and bladder llseasa in every form, and wiK build up and strengthen these organs so they will perform their function* properly. No danger of Bright s dis? ease or diabetes if Foley's Kidney Remody is taken in tkne. W. W. Sl bert. Burl and George Tucker have been I crested Ml Anderson on the chargo of killing George Martin, at * col? or.], d church near Arde'sor. They Take the Kinks Out. ""I hate used Dr. King's New Life Pills for many years, with increasing satisfaction. They take the kinks out ef stomach, liver and bowel*, without fuss or friction," says N. H. Brown, of PetUtleld. Vt. Guaranteed satisfac? tory at Sibert's Drug Store. 25c. J. B. Padgett, aged 55 years, a prominent citizen of Walurborc* lied suddenly at bis home Tuesday of meningitis. ?Foley's Orino Laxative Is a new remedy, an improvement on the lax? atives of former years, as it does not gripe or nauseate and is pleasant to take. It is guaranteed. W. W\ Si