Historical Newspapers of South Carolina

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kmm mi decided. I'M TED NT ATI* SUPHKMF.COl KT ' i ilVKM DECISION FOIl STATE. yll>? Mat* sustained on Every Point And the Liquor House* Must Now Accept Settlement l*ropo*e<l by V.lml i p ( 'otiimlNslon?Judge Prlt otuurd lie vermal ami Him HecelvHrs Are Dlanui?*cd liquor l??<al rs KnM Fay the Font. Washington. April I.?The famous South Carolina dispensary case In? volving the disposition of about $?00, 0S0 of dispensary funds held by the State dispensary commission was de? cided by the United States Supreme Court today In favor of the commls * The ease was Instituted by the Wil? son Distilling Company und the Fleischmann Company In the United Statse Circuit Court for ths District of South Carolina to collect debts contracted by the State In the pur? chase of liquor In the State from 1 lift to tf07 while the dispensary sys tsn was in vogue. The commission, cons tot ins of W. J. Murray, John Mr 0i?sen and Avery Patton, was ap? pointed In 1907. when the State re? solved to go out of the liquor busi? ness. This commission was empow f ered by the legislature to collect all money* due the State and to pay all of its debts. At the time the suits srere Instituted about $100.000 had been collected and there still was about $100.000 due. Bills for some? thing over $100.000 were presented k by liquor dealers, and when the com? mission declined to psy them as ptomptly as the creditors considered dtstrahle they brought suits for their collection. In their petitions In the Circuit Court they alleged that the members of the commission had entered Into K a conspiracy to hold the funds for their own selfish purposes. Jn sup? port of w'ilch assertion they declared that the money was deposited In teusha In s-htch members of the com? mission eiere officers or stockholders. On the "her hand, the commission? er* ullegtd a coalition among the creditors to collect excessive sums and asserted that they had only taken the m Misery precautions of Investiga? tion before making psyment of my liabilities that might be Justly due. The commission resisted the suit on the ground that It was a proceeding ag.t(rst gV State Itself and that the ?61 nit lesion Is a court and therefore not* lubject to Injunction. The Clr eu>t c<>urt overruled both of these pitas placed the dispensary funds In the hands of a receiver and granted i an Injunction against the commission pi oh in.: It from disposing of the its pseen salon. Thai opinion wjs affirm* d hv the t'nltcd States Cir ?r the Fourth >f that court . . .. the Supreme irr? n.? Court also affirmed th?? de< tsion of the State court In the cans of dispensary commission vs. the Mute, Involving the demand of Attor? ney Oeneral Lyon for setting aside h\ <-Immission of funds for prosecu ktion of violations of the dispensary the^e funds amounted to $16.000. The Utter suit was brought In the Supreme Couit of the State and was defended by the commission on the ground that as the federal court had ? r joined the commlsMl'M fr<?ni paying ?et any of the dispensary fund it eeuld not reCOSjntSS the attorney gen eiul's demand. The State court held. fc:?w??ver. that federal courts were de vcld of Jurisdiction in a case dealing . eatlrely with State matters, and L therefore directed that the fund for th" at torus y general's purpose*, be set a|<?rt as directed. The commission brought the case to the Supreme Court on a writ of er? ror and the decision <?f the s?at.urt was affirmed. Justice White declared that the fundamental question underlying all th? contentions was whether. In sub sti ne 111 suite were against the uite. and therefore beyond the Jurls dKL ?<i of the Circuit Court because of the expressed prohibition of the 11th amendment t<? th ? constitution. He procesded to ?how that the suits were directed against the State anil th.*t tie- rossjsgdssjlogeyit; <nu got gs> the position of trustee* of the dftspenmiry funds. Th* purchase of Ihpior bud beeil m id. h< i ml. t>> thv st it?- f i It* ic count Thla Irresistible conch: . i. Was. he declared, removed beyond a!I I a eel hie controversy by former dc ,f iv. ... *rt nm| |,y Higj ^ rth Cutollna. "Wn ." he ?nid, "sustain indict Ion by the Clr in *ffect deeftdJag thit the State can be tOSgggtytd \>\ compulsory Judicial process* to per? form a conlmct .UHkh!i m It ui t i tain i hat. at least by indirection, the bill* of complaint sought to comp'I the State to specifically perform al? leged contracts with the vendors of liquor by paying for HSjtJOf aller, I to have been suppded. But It is set? tled Ihnt a bill In equity to SQggptl the sgSSlSg performance of a contract between Individuals and a State can not, against the objection of the State, be maintained in a court of tfcl United States." H A Iii FKUiTlNG POTASH DUTY. Thinks He Will be Succewful In Pro eat Against Taxing Important In i.redlcnt of Fertilizers. Washington, April 6.?Representa? tive Lever has been devoting himself today to calls upon the Republican r members of the ways and means committee, calling their attention to the duty of 20 per cent, on sulphate snd muriate of potash. Prof. Harper of Clemson College has been writing to South Carolina members on the subpect calling attention to the fact that potash is largely used In fer? tilisers bought by South Carolina far? mers and pointing out the effect of the duty In the Payne bills, where, while nominally on the free list, the maximum rate which Is to apply Is to per cent. One prominent Republi? can on the committee told Mr. Lever that It was put In by mistake. Other members. Mr. Lever says, assured him sn amendment would be offered by the committee taking the duty off of potash because it Is contrary to the Intent of the bill to tax anything en? tering Into fertilisers. Mr. Lever will tomorrow present a brief to the ways and means committee on this sub? ject. A STRANGE SENTENCE. PunbUiment for Murder That Was More Cruel Than Death. In 1801 a man died In the Catskills who had been condemned by one of the strangest sentences on record. Ralph Sutherland was born In 1701 and lived In a stone house near Leeds. He was a man of violent temper and morose disposition, shunned by his neighbors and generally disliked. Not being able to get an American ser? vant, he imported a Scotchwoman, and according to the usage of the times, virtually held her In bondage until her passage money had been re? funded. . Unable to endure any longer the raging temper of her master, the girl ran away. Immediately upon discov? ering her absence the man set off In an angry chase upon his horse and soon overtook her. The poor woman never reached the house alive, and Sutherland was Indicted and arrested on the charge of murder. At the trial he tried to prove that his horse had taken fright, ran away, pitched him out of the saddle and dashed the girl to death upon the rocks, but the Jury did not accept the defense, and Sutherland was sen? tenced to die upon the scaffold. Then came the plea of the Insuffi? ciency of circumstantial evidence and the efforts of influential relatives. These so worked upon the court that the Judge delayed the sentence of death until the prisoner should be 09 yeais old. It was ordered that the culpilt hould be released on his own recog? nizance and that, pending the final execution of his sentence, he should kern a hangman's noose about his neck and show himself before the Judges of Catskill once a year to prove that he wore his badge of In? famy and kept his crime In mind. It was a more cruel decision than the . rite ice of immediate death would hiv. t een, but It was no doubt In harmony with the spirit of the times. Thus Ralph Sutherland lived. He always lived alone. He seldom spoke. His rough, imperious manner had gone. Years followed years. At each session of the court the broken man came before the bar of Justice and si? lently showed the noose that circled hla neck. At last hla 99th year came, the time Ahen the court had ordered that the utmost penalty of the law should be executed. For the last time the man toil eng before the Judge's bench, but new Judge* had arisen In the land, new laws had been made, old crimes had been forgotten and there was none who would accuse him or exe? cute sentence. Indeed, the awful re? striction that had bound his llf?> so Intimately to the expiation of his ci lme was now legally removed. Hut the spirit of self-punishment ? ?n'lnued. and when Sutherland, af? ter b ? bad passed his hundredth year. a*ai dlaeovered dead alone In his house his throat was found Ig bi encircled by the tOOf whi -n had been placed there nearly Ihree-Quarten of a century bet?re? 1.000 > i:\lts OLD TOAD DEAD. Mothejoelahi or Rajneaes H. Mos in the New York Zoo. New York. April '_' MefhUOt L?11 died b<te rsotOfday t\\ bis home in the Bronx ODO, Hi \\ ?s 1,000 years old. His death Is ascribed to Ills in eldcnt tO <id age. Mothuoelah, gtsa known gg Rome* sea II. was a toad, which was dlSOOV ??red In a toek pOOket In a mine fc00 loot baton the surface at Butte, Mont., two rears ggo, ins agt was i irofult] computed by the zoologists and geologists. OIL COMPANY IN CHARLESTON. $18,000,000 Corporation Enter* Char? leston for Business?Rival of the Standard Oil?John \V. (iates Is Moving Figure* Behind Cor|>oratlon. Charleston. April 4.?A great oil corporation, the Texas Company, with a capital of $18,000,000, has entered Charleston, and will In a short time establish here a distributing station, on the Cooper river, just above the Burton lumber mills, where the com? pany has bought a thousand-foot front of land containing thirty acres. This oil corporation is the biggest rival of the Standard Oil Company, and has its nearest station now at Norfolk. Charleston has been select? ed as another station, and large quan? tities of kerosene, gasoline, and other fuel oils will be brought here, to be barreled, stored and distributed to this section of the country. In sharp competition locally with the Standard Oil Company, the Tex? as company should cause the price of oils to drop somewhat and so bring a large benefit to the consumer. The good to this pqrt In the establishment of the station will be Incalculable. J. W. Gates Is the moving figure behind this corporation, and he was interested in Charleston largely by Mr. E. W. Durant, Jr., whose com? pany sold the oil people a large hold? ing of land on the Cooper river for the establishment of the oil station. The company has great oil properties In Texas and Is the pioneer of the oil territory of that State. It will establish In Charleston a station ten times as big as that now maintained here by the Standard Oil Company, recognizing the value of this port as a distributing centre. As soon as the deed to the property sold here Is given to the oil corporation steps will be taken to build the oil store houses and construct the neces? sary tanks and piers. In connection with the establish? ment of the new oil station, Col. Cos grove, of the drainage commission. ias arranged to Improve the road leading to the site, and will give I handsome driveway to the Burton mills site. OF INTEREST TO SOCIAL CLUBS. Commissioner of Internal Revenue MakcH Interesting Decisions. Washington, April 4.?Two ques? tions of great Interest to social clubs In local option communities have Just been decided by the commissioner of internal revenue here. One of these questions relates to the purchasing and storing of beer by In? dividual members of a social club, and It was proposed by those who asked for an oplrion on the subject to uscertain under what conditions this might be done. In answering the quei y. the commissioner said that club members might purchase and pay for beer desired by them, each in his own name, the beer being stored in the club refi igerator, each member re elvlng a ticket with the number of bottles so stored marked plainly on it. Whenever buer Is delivered from the refrigerator to a number, the number so delivered is punched upon his ticket, and when the ticket is ex? hausted he can receive no more beer intll he deposits more In the refriger? ator. The commissioner has advised those asking if this can be done that there is no objection, to it, and that so long as these rules are strictly car? ried out there can be no liability on the part of the club. Throughout many parts of the country where local option laws are In force, many different kinds of de rices, have been tried with more or less success, but It Is believed that when this method of supplying club members with beer is adopted it will become very popular, The commissioner was also asked recently for an opinion relative to the ordering of whiskey by one person and in his name for others. In reply It Is said that any number of persons desiring to do so may subscribe to a fund for the purchase of spirits. tllC money being given to one of th<* numberi the goods being ordered by him, and forwarded to him for dis? tribution to the various subscribers, each, receiving the amount of spirits for which he has paid, in such case it is held that the person s<? ordering the Spirit! is inert ly acting as agent for the subscribers, and no I violation of law is Involved Or liability incurred by this method. in many parts of the country, where the state and munlt Ipal officers ore constantly on the watch for contra? band goode, thN announcement will be reoelved with considerable Inter? est, elM ii it Ist no violation of the federal statutes to order ??? quantlt) of liquor in the name of one person when really Intended for the use of others, those persons who have been unable to supply themselves with goods except ;it very serious lncon> venlencs will hereafter be aide to gel what they want in a much easier manner. When loveri Slope it's also a get \ for common sense. _?n^wm?mHiiii*i mmilllll IF YOU FARM! IF YOU PLANT A CROP1 -? j S- |jf _ ; NO MATTER WHAT SEED YOU SOW WE HAVE A MONEY MfcKlsG FROPOSISITION FOR YOU. HERE IT IS. V^oolard's (Cultivator JJarrow. Labor Saver=? Expense Cutter? - Look at It. Better Come Around and See It. Try One With no Expense to You. Don't Pass This By. Now is the Time to Act. Used When the Plant is Young. Makes Work a Pleasure. Never Pushed for Time When You Start Yor Crop off With a Wooleurd Cultivator Harrow Used as a Harrow or a Cultivator, or goth and all at the Same Time. A. A. STRAUSS & CO. i Opposite Old Court House. 25 North Main St. WILMINGTON BROKER KILLED. E. M. Gregg. Memeber of Prominent South Carolina Family, Fatally Hurt. Wilmington, N. O.i April 5.?E. If. ^regg, a leading merchandising brok? er of Wilmington, and a member of a prominent South Carolina family, was instantly killed on the streets here today by the collapse of a pile Of brick and other building material, igainst which he was standing while talking with a friend. He was 52 years old. n/c would not be surprised If Champ Clark should accidently im i latt> himself on th.? altar of D* m < '?:?cy.?Charleston News and d?uv lef. The cheaper the shoes the loudei .!<? squeak. ThQ Mayor of Honolulu carries a roodly part of his family tree around with him. He is using two eye teeth that belonged in her lifetime to his grandmother, wears a heart watch Charm made from the knee cap of his great-great-grandmoth er, and the polished white buttons on his coat arc from th, bones of others of his an C( ?tonj. KILL the COUGH AND CURE the LUNGS WITH Dr. King's New Discovery PBICE ^, 50c & $1.00. OLDS Trial Bottle Free AND ALL THROAT AND LUNG TROUBLES. fOR CPuaHa GUARANTEED SATISFACTORY! 1 OR MONEY REFUNDED. ' H PATENTS procured and defended. Send model, drawing or photo, for axpen March end rren re pore Freo advice, how to obtain paUntH, Irsde marks, copyrights, etc, in all countries. IJusirtfs direct vith Washington saves //?/??,] moiit v und ift<n the futcnt. Patent and Infringement Practice Exclusively. Write ?>r eonio to us at 023 Ninth Btrtet, opp. UnlUd States Patent Office, | washington, d. c. GASNOWI. 60 years' experiencf. Trade Marks Designs Copyrights Ac. Anrono sensing a sketch end description 'n?v quloklf Mcorinin otii ?*i*:i>t<>:t fiio whether su Indention (? |?robeblj patent nhle, Communion* t toiia hi net ly ( "nituent int. HANDBOOK on Patents lent free, ludest agency f >r soc mug Patents? patents tai.cn through Munn A Co, rccciro ?/" loJ notice, without charge, 1" tue Scientific JliuCticaii. A hsasson elf lltnetreted wookir. i.srirost etr? culatlon nl any ?^lentalfl loiirneL Terms, $3 a reari four?.i!m,sL bold brail newsdealers. MUNN * ro.36,Broi"1-1' Now York Brase? Oroco, ? H V Ht., Washington, I>. C, Lot Special! I am offering at a special price for a quick sale, a nice lot on Liberty Street within four blocks of Main Street. Lots all built up with nice houses. Buy now and build while building is comparatively cheap. Spring is the best time to build. This is only one of a number of desirable lots I am offering. See me. City Property, 1} T> DPI CPD Mortgage. Loans" Farms. IV. D. DiLLij?/lX^ Money Invested. Real Estate Attorney. 26 1-2 N. MAIN ST. :: :: SUMTER, S. C. 1 A Game of Checkers ? ? ? ? M ? ? ? ft ft ft ft ft ft ft ft Your Move?and be sure to move in the sijit direction?toward the king-row of finance-a bank, / The First National Bank of sumter, and place your earnings therein, that you may be secure against adversLy. The Bank of Sumter Offen to its farmer customers of Sumter and adjoining counties the following cash prizes for corn yield on one acre : u ?j $50, in gold, to the farmer showing highest yield. $25, in gold, for the second highest yield. No restrictions as to cultivation or fertilization. Contest? ants are expected to enter the State Contest, as the Agri? cultural Department will do the measuring. You are invited to enter the contest. S2? FARMERS BANK AND TRUST COMPANY ?XTENDS it's patrons every accomodation consistent with good banking. Its ability to accommodate consists of Capital Stock Si-'o.coo, Surplus S35.000, Deposits, well, less than ?500, 000. "Accommodation when needed is double accommo? dation." C. G. Rowland, President. R. L. lulmunds. Cashier. Guy Warren, Teiler. A. G. Merriman. Bookkeeper. Harold McCoy, Assistant Bookkeeper. AN AD VERTISEMENT PLACED IN THE ADVERTISING COLUMNS OF THE DAILY ITEM WILL BRING RESULTS. ,