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COTTON CONTRACTS BINDING. Tin ?m w no vi it m ?i; i i n uk mn ? m mi n comply. Jutlg* ID i \% I * * > Charge In the Case <>i S|?runt \?. Iliir?*i-Streetcr Co. In Iii. h II. I.ml I)ow ii Law. "1 think that the case of Springs f ;alnst CafptU ttf< reported In S3 Fed. Rep.. In conclusive as to my duty In this case. There I? no motion on he half of the defendants that the court direct a v rdiet in favor of the defen dants In the cause of action, and that It should further direct a verdict Inj favor of the defendants for the sum of S1.6S7.50. the amount paid in money on 25th of October. The case of Springs vs. Carpenter ^as tried before me at Greenville. It arose out of a transac-tiM m th, New York Cot? ton Exchange. I was of opinion then, ?nd my opiulon has not changed since, that nine out of ten, I may say ninety-nine one-hundredths out of one hundred, of the transactions upon the New York Cotton Exchange are gam? bling contracts; that they are nothing more than wagers upon the future price of cotton, and although In form, by iho rule.s of the New York Cotton Exchange, there was an agreement actually to deliver and actually to re? ceive the cotton, yet. as a matter of fact. I do not believe that In one case out of a hundred there was ever an Intention to receive or to deliver ac? tual cotton. ('onse<|uently, I left that question for the Jury to say whether it believed there waa an actual bona fide Intention to deliver cotton, and the Jury found In that case, and. 1 think, properly found, that there was no such bona fide selling and buying of actual cotton, and that It was a wagering contract, void at common law, void under the very stringent statute of South Carolina. I am in thorough sympathy with the object of that legislation, and would, so far as I could, do what Chief Justice Mclver aald was the Intention of that legisla? tion In this case, uproot these gam? bling In future contracts. That case was carried to the Court of Appeals, and the facts In It are much stronger on the side of the defendant than any of the facts proved In this case, and the Court of Appeals decided that It was the duty of the court on the tes? timony In that caae, to direct a ver? dict for the plaintiff. Now, this suit here is^on a contract of May 17, 1909. between the Hurst 0treator Company on the one part, and Alexander Sprunt a- Son. on the oth?ir part. The testimony Is, and M 1s a matter of notoriety, even without testimony to satisfy me of the truth of it. that Alexander Sprunt & Son are large dealers in actual cotton, in the city of Wilmington, which Is prob? ably the nearest port to Cheraw, in the State of South Carolina; that th?.> were buyers and exporters of cotton In large amounts; that they had their agents all through this country, who bought cotton for them, and made contracts for them for future delivery of cotton. There Is nothing In the law of South Carolina, and there Is no law anywhere that I know of which makes Illegal or immoral transactions of ihe kind id forth In this contract. a contract for the future delivery of cotton Is as valid as any other con? tract, provided It is I bona fide con? tract, and if the parties Intend on the one part to buy, nnd on the other part to sell and to deliver the actual cot? ton. Now, on Its fa< . , and In all the circumstances which have been de? lated In t^e testimony, there is not a doubt In my mind that tills was a bona Ms transaction; that Sprunt & Bon Intended ?o huy. and that Hurst Htreator Company, who were dealers In cotton, intended actually to deliver the 800 baler of cotton mentioned in this agreement. The same is true as to the other two contracts, 100 bales each, one l it I In May and the other In June. There Is testimony as to what Matjfpat] at the time when the contracts were entered Into. Certain Remember! Our superb array of jewelry and watches makes buying easy. Everything is in perfect taste and everything may he fully relied upon. We mil you nothing thai we don't know all about and u e tell you all we know about the goods we sell you. Prices re;un n able. W. A. Thompson, .feuclor and Optician. Phow 333. - No. 6 & Ml St ? ??Kiiikf's, certain Interlineations wore made la Uli printed farm of the con? tract at the suggestion of the defen? dant here, Hurst, and that those in? terlineations were made by K. H. Du \al. who was the clerk of his father, M \V. I ?uv.il. the agent of Sprunt & Sons those Interlineations were ap? proved by spmnt &- Bon through thalr meat If, \V. Duval; all of them tend to r .ntirm what appears upon the I ?f the printed form of the con trait, that there was an expectation at the time on the part of the defen? dants. Hurst-Streator Co. to de? liver the nctual cotton. Later, in the Ituann of that year, in September and October! actual cotton was dellv in conformity with tins contract. to the extent of about 11"> bales. A llttlf later still, according to the tes? timony, agent of Sprunt & Son call ? d upon Hurst-Streator Company to ibliver more cotton to them, actuul OOttOnj that he was Informed by the defendants that they had the cotton an hand, mixed up with other cotton, tnd that it would take some time to - parate it, and that this agent of the plaintiff went to Chesterlleld, to the defendants, talked with them about the cotton which was in the yards of the defendants, and endeavored to se? cure the one hundred bales that he had been Informed was on hand, and offered to assist In having it delivered to the railroad station in accordance with his contract, but that some days elapsed before that was accomplished and at the request of the defendant*, acquiesced In by Duval, the agent of the plaintiffs, a settlement for that 100 bales was made in money, ar.d $1 687.50 was paid on that account It was for the money so paid that this counter-claim was set up, am', the court is asked to direct a verdict in favor of the defendants for that amount. The court must refuso to give such direction. It would not hes? itate to direct a verdict f >~ that amount If It believed that thlj wos, M nlch Is contended for by the defen? dants, a gambling transaction, but be? lieving, as It does, that it was the bona tide Intention of the parties at the time the contract was made to deliv? er the cotton, the actual cotton, the mere fact that the plaintiffs, after that t'm*\ late In October, after va'nly en? der, vc ring to Obtain the actual cotton, fat'ing to receive it, accepted payment In cash, does not throw any light upjii what the Intention of the parties was at the time the contract was enteied into. What was the intention of the tu rtles at the time must govern, and if they intended then, that is on May IT, a bona fide transaction, if it was the intention then on the part of th? defendants to deliver and on the part of the plaintiffs to receive actual cot? ton, as expressed in this contract, then it does not vitiate It, because af? terwards, I when they were unable to get the actual cotton they accepted payment In cash. It would be other? wise If in the Inception there was any evidence that this was a mere gam? bling transaction. I believed in the ease of Springs against Carpenter that that was a gambling transaction, but in that case the court held that not? withstanding the defendants' claim5? it was a gambling transaction, there was no evidence sufficient to go to the Jury to establish the invalidity of th* contract, and therefore it was the du? ty of the court to direct a verdict. Now, If there was any conflict of testimony. If there was any room for a reasonable doubt as to what this con? tract was, I should prefer to submit that question to the Jury, and upon the Inception of the case that was the Inclination of my mind, to let the jury deride whether this was a bona tide transaction or whether it was a gam? bling contract; but, reviewing the tes? timony, endeavoring to recall all that was said and all that was done, I can't see that there can be any other than one conclusion. Feeling that it would !>e my duty to set aside the verdict if the Jury should find In favor of the defendants, which I doubt that it would, but if it did It would be my duty to set It aside I feel that it Is my duty to direct the foreman to find H verdict for the plaintiffs for the amount claimed, Defendants note exception to the court's refusal to direct a verdict for the d< ftndanta, and also to Its grant? ing the motion to direct a verdict for the plaintiffs, An "/.on->produclng electric fan now being made in Vienna utilizes I>r PratM FlschOf'l novel discovery that when air is much heated and then suddenly cooled OSJOnS is produced. .\ combination of small fly wheel and air-fans Is driven by an electric motor, and sucks In air and sends it through a kind of funnel to a Nama1 raidator giving a beat of 1,060 degrees c. The heated euiTent is cooled by mix Ina with the air into which it is then forced, Of tin- oxygen passed through about 4 r cent is osonlsed, and this proportion can noi be ex.ded, so there is no risk- of an excessive pro* ductlon of oaofia, a single piece of apparatus! wslghtng n><\ more than thirty pounds and needing but ? small amount of powi ? . is sufficient to purify the air of ? large ball, A knitting mill will be operated at Chester In the near future, The com paay will be capitalised at 135,000. ? >rol? KBSOLVTING, WRITE LET? TERS.*' _m I President of Farmers' Union Urges Memlx rs to Got After Lawmakers NMti) a Flood <?? Letter-Writing, i ! President C. 8, Barrott, president of the National Farmers' Union, is squarely In behind congressmen and senators regarding measures of inter? est to tha farmers. N<>t <>niy is President Barrett after the law-makers with a sharp stick, '?ut he is' urging members of the or? ganisation everywhere to do likewise. ??stop resoluting." he says, "and do mors letter-writing." Here Is a communication hi is sending out: "To the Officers and Members of the Farmers' Union: "Let's give 'resoluting' In Farmers' Union conventions, that is as regards legislation, a rest for a little while and Instead gat in behind congress to make it put into force so many of the reso? lutions we've passed. "I have been wirting to the breth? ren much a long this line lately and now, in addition to getting in be? hind congress personally, I am lend? ing the following letter to every rep? resentative and senator in congress to ascertain their sentiment with re? gard to the measures we are press? ing. "This isn't the last letter I'm going to send eithr. I'm going to write them time after time, early and often. But the result of this present letter will be to line up the congressmen, from the biggest to the smallest, Republicans, Demo? crats, insurgents and the rest of them. "Brethren In national and stat3 conventions are used to 'resoluting before breakfast, between meals and they even get up in the middle of the night to 'resolute' for or against some especial measure. Upon these occasions, harmony prevails as at a love feast, the dove settles down and only rises when It is scared by some unusually fiery denunciation of the farmers' wrongs, such as are em? bodied in a resolution. "We all agree on 'resoluting" Now, let's put up some of the energy spent this way into getting congress, as well as Farmers' Union conven? tions, to pass resolutions. "Get in on the ground floor on these measures, by asking the can? didate for congress how he stands on them before you vote for him Often he says 'yes.' Make him stick to it if he is elected. Kind of Ix?tter to Write. "Here's the letter every senator and representative is shortly to re? ceive. Follow it up, once or twice a month, with one like it to your own representative and senator. "'Washington, D. C, Feb. 18, 1910. " 'Dear Sir?You are aware that during the current session of con? gress the Farmers' union, consisting of 3,000,000 bona fide American far? mers and farm workers, has main? tained in Washington a legislative committee in the interest of various national legislation of moment to the organisation. M 'It is proper to state also that by reason of the fact that the union has an organization of strong sympathiz? ers in every American community, its attitude on public policy truthfully represents the attitude of the farmer at-large in this country. " 'You will, therefore, see the un? precedented nature of this appeal coming up to the law-makers of America for the first time in the his? tory of either. " 'The Farmers' union, the Arrer ican farmer generally without re? gard to location, is interested fun? damentally and vitally In the follow? ing six great issues, to which others are to he added: " '1. Abolishing gambling in farm products. " '2. Securing without delay, a parcels post. " '3. Securing, without delay, pos? tal savings hanks. " '4. Securing, without delay, more stringent legislation along the line of restricting foreign Immigration. " '5. Becurlng the defeat of the proposed central bank. "'6. More liberality in national ap? propriation! toward agricultural proj? ects. The fanner supports America; he is the hope of America. Yet more attention is paid both to battleships and waterways than to the American farmer. "As a representative of the people at large and particularly as the representative of your Immediate con? stituents, whether representative ,,r senator, yon have undoubtedly form? ed an opinion regarding the merits of tin Be issues, and many of you have probably heard from home regarding them. "Tiu ?bject of this letter is to se euro, for the purpose Of record, for publication and information, aiding iis in our campaign for and against these measures, the altitude of each Individual congresaman, "Kindly answer me, care of the National hotel, Washington, l>. C. how \ou stand on the *ix issues outltnod. ?a mr 3,000,000 members and sympathisers everywhere are anx louily awaiting news <>t* this con? gressional pool that they may kn ?w the status <>f their hopes. - !s it asking t<><> much to let me hear from you as sooon as possible in Washington? Very truly yours. <\ S. BARRETT, National President." STRENGTH OF A GORILLA. How It Kills Human Beings?Attacks On Animals. (From The London Times.) Of all the existing man apes the go? rilla is beyond question the most for? midable, a large male standing not in? frequently over .*) feet 6 inches in height, and bones being known of one which apparently measured in life no less than 6 feet 2 inches. It Is not, we know from experience in the gardens and elsewhere, always when young quite so "utterly untamable a beast" and so "entirely and constantly an enemy of man" as Du Chaillu rep? resented, but it is savage and morose enough. It is still uncertain whether in b wild state, except in the Immediate moment of attack, it ever actually Walks erect without either resting its knuckles on the ground or supporting itself in a branch overhead, but that it does beat its fist upon its breast when enraged (Du Chaillu says that he heard the noise "like a great brass drum" at a distance of a mile) is es? tablished; and when the male gorilla turns, as seemingly it does, to confront man fearlessly when attacked, wdth Its huge size, its great hairy limbs, the hideous head set almost down in? to its shoulders, we can believe that "no description can exced the horror of its appearance." Add that the gorilla usually lives in the depth of forests where the light is so dim that it is difficult to see any object clearly at a distance of more than a few yards and it Is not to be wondered at that the natives have invested it with attributes even more horrific than tho3e which it possesses. Many believe the gorilla to be hu? man; others hold that, though itself, a beast, It is often informer with the transmigrated spirits of the human dead. It is said to lie In wait crouch? ed on the lower branches of trees overhanging a path and when a hu? man being passes to drop one of its long hind limbs and, clutching the victim by the throat so suddenly and in so terrific a grip that hardly a sob is heard, to drag it?man or woman? tip to its lurking place. It is credited with capturing and stealing women and carrying them off to keep them in the forests, and, armed with clubs, is said to attack and beat off ele? phants. The formidableness of the great apes as compared with other beasts, however, Is not an easy matter to pass upon. In Africa it is note? worthy that the lion and the gorilla do not occur together, and it has been conjectured both that the lion has ex? terminated the gorilla within its ter? ritory and that the gorilla has driven out the lion. In Borneo the most serious neigh? bors of the orang are the python and the crocodile, and the natives say that the ape overcomes them both, the python by seizing and biting it and the crocodile by leaping on its back, clutching it with the upper jaw and by sheer main strength tearing it open. The name "orang" is in itself a title of honor, meaning roughly "wise one," the Malays giving it alike to their chiefs, to elephants and to the "wild men." Perhaps, however, no native myth or story eclipses in wonder the statement of Emin Pacha, made seriously, that In the Mbongewe forest the chimpanzees used to come to rob the banana plantations In troops, bearing torches to light them on the way! "Had I not witnessed this extraordinary spectacle person? ally," he is reported as saying, M I should not have believed that any of the simians understood the art of making fire." CATAKRAH. Quickly cured by a Pleasant Germ Kllling Antiseptic. Tin1 little Hyomei (pronounced High-o-me-) inhaler is made of hard rubber and can easily be carried in pocket or purse. It will last a life? time. into this Inhaler you pour a few drops of magic Hyomei. This Is absorbed by the antiseptic gauze within and now you are ready t.. breathe it In over the germ infest? ed membrane where it will speedily I egln its work of killing catarrah germs. Hyomei is made of Australian eucalyptol combined with other an? tiseptics and is very pleasant to breathe. it i.s guaranteed to cure catarrah, bronchitis, sore throat, croup, coughs and colds or money back It cleans out a Btuffed up head in two minutes Sold by druggist everywhere and by J. r. w. DeLorme. Complete outfit including inhaler and one bottle of Hyomei, $1.00 And remember that extra bottles If after? ward needed cost only 50 cents, i 2-2-14w3-9. FERTILIZER TRADE GREAT. Records for Shipments at Charleston Will Probably be Broken. [?cal records of fertiliser ship? ments promise to be broken this year, with the figures at present Indicating an increase around twenty per cent in volume shipped, and tin* month of March just opening, and probably to see a higher pressure of b< tween 400 to 500 carloads of phosphate rolling from Ashley Junciton every day. The real pressure of phosphate shipping started about three week a ago, and it has kept up ever since, with indications of increased volume i well through March. Under full fore*', the dozen fertilizer works on the Xeck are filling multitudinous or? ders from all at home, after one of the shortest campaigns on the road In years, a little over three or four weeks being required to get all the orders In sight, and fertilizer this year is bringing fat prices to the manufac? turers at that. for the demand is lively and strong. Furniers are realizing their strength and determined to take full advant? age of the high prices of their pro? ducts, are planning to drench their soil with fertilizer, to get the largest crops of their history. Hence when the traveling salesman of the factories en? tered among them, they found the farmers ready ?<? give generous or? ders, without delay, and consequently well through Mart h the local factor? ies will ship a remarkable volume of soil food, probably the local record rising as high as 450,000 tons, for already roughly estimated, some 340, ?00 tone of material have left Char? leston. In 16.000 cars, and maybe 5, 000 or 6.000 more carloads will he hauled this month, running the figures high above the usual record. The phosphate hands struck for higher wages recently at the right time, for the rush of the companies was too great to brook loss of time or labor. ?Charleston Post. Ridger Haggard is just now engag? ed upon two books that have to do with the experiences in love and war, in youth and early middle life, of a certain late Mr. Allan Quartermain, as related in 1CSS. of his that have been discovered recently. Edward B. Sterling, of Trenton. X. J., has discovered in the outskirts of the town the l?gest specimen of polyporous on record. This mush? room weighs forty-three pounds, is thirteen inches in height and rrea sures 105 inches in circumference. t How Do You Feed Your Crops? DO YOU KNOW just what your cotton and corn need, and are you furnishing it in such quantities as required and in such shape that the plant can use it ? Suppose you should put the food for your stock in a box, nail it up and place it in their trough?would you ex? pect them to thrive and grow fat ? Hardly! Well, did it ever occur to you that when you use lumpy, badly mixed fertilizers you are putting this same proposi? tion up to your crops?offering them plant food in such shape that they can't get to it ? Fertilizers, to do your crops any good, must dissolve in the soil waters. These are constantly in motion, rising to the surface during the day and sinking at night?passing and repassing the roots of the plant, which absorb the food contained in the water?and this is the only way in which the plant can feed. Therefore, when you buy fertilizer, you should do so with the idea of furnishing food for your crop and on the same principle that you should purchase food for your stock. It should not only contain the necessary Ammonia, Phosphoric Acid and Potash, but above all else these should be in soluble form?the mechanical condition of the fertilizer should be such as to permit the plant to absorb every particle of it, and the goods should be manu? factured from materials that will not give up their plant food at one time, but furnish a steady supply throughout the entire growing season. This is the fertilizer you should have and can iet? in only one way. It is impossible to produce a goods like this by the dry-mixing of raw materials, whether you do this at home with a shovel and a screen or buy it from someone who has made it the same way?the only differ? ence being in the quantity. These materials must be ground to a powder, and it re? quires machinery costing thousands of dollars to do it properly. They must then be so manipulated that when complete, you have a compound, each ounce of which is exactly like every other ounce, and not a mixture, one part of which vould contain too much Ammonia and too little Potash, while another part would be exactly the opposite?and all of it contain plant food locked up and not available. Remember that the chemical analysis of a fertilizer is no test of its crop growing qualities. The chemist can pul? verize lumps and by the use of various means search out the plant food ; your crop can't. You can take an axe, break open the box and get the corn ; your mule can't. Don't risk a crop failure! Insure your peace of mind as well as your crop by using Armour's Animal Ammoniated Fertilizers Manufactured by Armour Fertilizer Works ATLANTA, GEORGIA