Historical Newspapers of South Carolina

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ItH lll \\l> DISTILLING COMPANY RFARA fO I)IS<.()U(.K (,|{\n. Ii U Said that State Will Kccclvc I*arge? Amount of Money Ah Result Of Col Center's Efforts. Columbia. 8. On April ^ 2.?It la practically admitted by attorney* for the dispensary commission that the Kb hland Distilling company of this city which did a business with the ?Id State dlspen-.*ury to the extent of nearly 14.000.000 and against which thore is a claim by the State for over $?70.000 has. through its representa? tives, made overtures for a settlement which would be a substantial gain I r the State. Col. T. B. Felder of the firm of Anderson. Felder. Roundtree A Wil? son of Atlanta, who has represented the State In the litigation incident to the winding up of the affairs of the old State dispensary, Is in Columbia for ght purpose of meeting the com? mission at Its session to be held to? morrow. When asked concerning the negotiations for settlement by the Rtchland Distilling company, ha would neither deny nor affirm the above statement. He did admit that Igte State would get a large sum of money from the Rtchland Distilling company. The commission, at Its meeting to be held tomorrow, will go deeper in? to the affairs of the old State dispen? sary and the overcharges found against the firms which had already been settled with before the com? mission took the affairs of the insti? tution in hand will be considered. It la likely that suits will be Instituted against several of the firms unless the amount found by the books is paid. The amount claimed by the sta p is ever 1800,000 The companies have been notified of the Intended action of the commission, registered letters having been addressed to the heads of the different houses. The houses have been ordered to produce their books. Representatives of several of the firms have arrived in the city and have filed a denial of the overcharges with the commission. None of these firms have claims against the State, as the business with them had been settled before the commission took charge, so it will be seen that the Investigation will be different from those in the past. One of the main questions to be decided will be how to collect the claim against a firm w'ileh is located outside the State. Attorney General Lyon would not discus.* the phase of the question when asked concerning the matter yesterday. Col. Felder was asked If It were not true that the representatives of sev? eral of the stockholders In the Rich land Distilling company had offered to pay the sum of $100,000 If the State would abandon Its claim. He only smiled and said that the State would receive a much larger sum. ' The Rlehland Distilling company." said Col. Felder, "was organized with the ostensible object of distilling corn whiskey and to deal generally In all kinds of whiskies. The real object was to deal with ttw South Carolina dispensary, and this Is evidenced by the fact that the hooks will show that the firm did approximately $1. 000.000 worth of business with the dispensary during Its existence. The Rlehland I "stilling eomapny sold all kinds of whiskies. There is no way of knowing the real stockholders of tne concern. But we do know that the stock was furnished by the Bern helm company of Louisville, Block company of Maeon. Lanthan com? pany of Baltimore and James Farnum Charleston. The commission in going through the books of the Rich land Distilling company found that the State had been overcharged for goods s<..d to the extent of over $?70.000 This Is the amount of the State's claim. The claimn of the company had already been paid. "The commission to recover this sum has several coursr-s. The lands and hulldlnvi of this company in Rlehland county ha\e been seized. When this property has been sold, if there is not eno igh money to re? munerate the State, then there are several other coursei. Suit may he brought against the owners of the company in behalf of the State of South Carolina In the respective States wher*? they reside. The case could be brought in the United States supreme curt under the clause which glws a State the right to sue an Indh Idual. ??Revond. all 'pn stlon or doubt." he ? ntlnued. "the State of South Caro? lina will r.ver a large sum from the Rlehland Distilling ?ompiriv. I will sav that the sum which will be re. .\, red either by litigation or nego? tiation will be a considerable part of the $?70.000. As I have said before I ran make no definite announcement nn to the payments of the claims egslnst tho Ithhland Distilling com? pany of the State, hut I will say that negotiation* ire pending and there will he some unusual announcements within the next few days. We have the evidence on those fellows and they know It " C ITY FARMING TO CUT LIVING COST. Transform Yards Into Gardens?Tells What to Plant. City farming aa the solution of the Pf ?Diana of the high prices of food? stuffs is advocated by John H. Cur ran, State Immigration Commissioner. Curran's idea is to have all families^ in St. I.wins convert their hack yards Into truc k farms. The addition of this quantity of garden truck to the ordinary supply would Immediately reduce the price on every other source of production and would solve, Curran says, as far as vegatahles are concerned, the high cost of living in St. Louis. A yard 25 feet square is sufficiently large the commissioner declared. If larger, so much the better. That the plan is entirely feasible Curran is go? ing to prove by converting his own yard on Ridge avenue into such a garden. The latter is 38 x 40 feet, lie has already sent to his congress? man for sufficient seed (not potatoes, though.) All who Intend to follow the suggestion can get them from the same source. The commissioner has figured out that with a little Intelligence, at least $50 worth of truck can be raised by each family on even as small a tract as 40 square feet. This would mean over $2,000000 worth of vegetables from the garden for the table, thus supplanting the decayed or diseased garden truck with everything crisp, palatable and healthful. Curran Discusses Plan. There are about 150,000 families in the city, according to Curran, averag? ing five people per family. He esti? mates that 50,000 of these are tene? ment dwellers ard upper flat dwellers without any back yards, and 50,000 living In suburban towns, leaving ap? proximately 50,000 families which could engage In farming on a small scale within the city limits. Speaking of the plan Wednesday, Curran declared: "I would not confine these gardens to those of the poorer classes, nor to the middle classes, but would have even the richest have their truck gar? dens, just as they now have their flower gardens and landscape effects. The men who are languishing for lack of adequate exercise, as well as those who need to train off superfluous flesh, will find garden work not only beneficial, but very remunerative, and wUk notice the difference In their gro? cery bills. Women with nervous tem? peraments, fearing breakdown, can absolutely cure themselves by getting up early In the morning and using a hoe and garden rake, while at the same time enjoying one of the great? est pleasures God has given to man. that of nurturing plants and watching their Interesting growth. "I estimate that the cost of equip? ment will not exceed $5, both for tools and seeds, and in many cases this can be cut in half. I would ad? vise those desiring to engage In gar? dening to write their congressman Immediately for a package of garden seed. This will give each one some? thing to which they are entitled un? der the government, and will also keep their congressman busy. What to Plant and How. "Regarding what to plant, it is al? together a matter of choice. I would suggest that the plot be thoroughly spaded up deeply and the soil thor? oughly pulverized after a mixture of i sHftlfl quantity of manure, the more the hi tter. Beds may then be made to suit, with paths 'ar enough apart BO that all parts of the beds can be easily reached by hoe and rake. "Lettuce, of course, should be plant? ed. A :;x6-foot plot Is plenty large. Lettuce should be planted as used, so that It will not get too old. Radish beds should be .1x12. and onions about the same. Plant sets, not seeds, of onions, A bed of dwarf beans should also be planted, about 6x12. The old beans should be picked first, the young beans will then come on, and in ordinary rich ground, an enormous yield many be had. Don't plant peas. They take up too much room and don't pay A bed of cucumbers con? taining six hills will yield a goodly supply if properly tended. one should get tomato plants and put SbOUt || plants In a bed 1x16, "Ab..ut f.oir hills of summer squash will make all the squash needed for the family. Plant a little bed of pars? ley at the corner of the lot, and a root of horse radish to another corner. A r??w of popcorn along the fence will yield plenty of popeom for several Halloween parties. A row of okra will furnish some edible dishes and will also be ornamental, Plant beets and mustard for graCM. Allow the beets to grow until they are from an inch to an Inch and a half across, then boll them. tops and all. A couple of rows of potatoes across ins whole garden will furnish an astonish? ing amount of edible root. "Manv people could easily raise chickens with prof.er Instruction, Which ' in be produced by writing to T. B, Qulsenberry, Secretary of tin State poultry Board, at Columbia, Mo , St. Louis (Mo.) Times. The pleasure the President gets out of contemplation of the Ahlrhh tariff Is "almost entirely" his.?Atlanta Con REHEARING ORDERED IN OIL AND TOBACCO CASES. May bo Postponed Cntil After New Justice Is Chosen, Which May Mean , Not Cntil Next Year. Washington, April 11.?Unwilling at this time to render decisions in the dissolution suit against the Standard Oil and the so-called "Tobacco Trust" the supreme court of the United States today ordered a re-argument of these cases. This postpones the final desposition of the application of the Sherman anti-trlust law to these corporations for weeks, and probably until after next October. The present term will end about June 1. The immediate cause of the re? assignment of the cases is regarded to have been the recent death of Justice Brewer. His death left only seven justices actively at work on the bench as Justice Moody has been ab? sent all this term by reason of ill? ness. It is believed the court will not ad? vance the cases for reargument until President Taft has been given ample time to fill the vacancy created by the death of Justice Brewer. If this vacancy is not filled before the sen? ate adjourns for the summer, it Is probable the cases will not be taken up again until after the 1st of next December when the senate meet* again. This is based on the assump? tion that a recess appointee would violate a precedent which has not been broken for more than 100 years if he took his seat on the bench be? fore being confirmed. The Nation's Highest Tribunal. Suggested by the recent death of Associate Justice David J. Brewer, of the United States Supreme Court, some interesting data in regard to the personnel of the nation's highest tribunal has been compiled by The Knoxville Journal and Tribune; and from it the following facts are tak? en: "Both Chief Justice Melville W. Fuller and Associate Justice John M. Harlan, of Kentucky, were born in the same year, 1833, and are now 77, although Justice Harlan has been on the Supreme bench much longer of the two. The Kentuckian was ap? pointed in 1877 by President Ruth? erford B. Hayes, while the then well known Chicago lawyer, now the chief Justice of the United States, was ap? pointed eleven years later by Presi? dent Grover Cleveland in 1888. They are the two oldest men on the bench, both in point of years and in point of service, Justice Harlan having served 33 years and Chief Justice Fuller, 25 years. "The late Justice Brewer, of Kan? sas, was the third oldest man in point of years and of service. He was 73 and was appointed to the Supreme bench in 18S9 by President Benja? min Harrison. "Next in point of years is Justice Oliver W. Holmes, of Massachusetts, who was born in 1841 and is now nearly 70 years of age. He was ap? pointed to the bench in 1902. "In point of service on the bench, both Justices Edward D, White, of Louisiana, and Joseph McKenna, of California, take precedence over the Massachusetts justice. Justice White was appointed in 1894 and Justice McKenna in 1898. Justice White was born in 1X4 5 and Justice McKenna in 184 3, so they are 65 and 67, respec? tively. "The other two 'old' members of the court are Justice W. H. Day, of Ohio, who was born in 1849 and ap? pointed to the bench in 1903, and Jus? tice William H. Moody, of Massachu? setts, born In 1853 and appointed in 1906. "The last associate justice appoint? ed was President Taft's first appoint? ment to that bench, Justice Horace H. LurtOll, of Tennessee, who was born in 1844 and appointed in De? cember of last year. Being in his 67th year, he is the fifth man in point of age now on the bench, Chief Justice Fuller and Associate Justices Harlan. Holmes and McKenna being older, while the remaining three are younger, Justices White, Day and Moody." However, there is one fact in con? nection with the United States Su? preme Court which gives it an aspect of youthfulness. Since it was first organised, more than a century ago. it has known but eight chief justices. These are, in the order of service, as follows: John Jay, of New York, six years, from 1789 to 1795; John Rutledge, of South Carolina, less than one year, from 1796 to 179?',; Oliver Rllsworthi of Connecticut, four years, from IT'.m; to 1800; John Marshall, of Virginia, " I years, from 1801 to 183."; Roger B, Taney, of Maryland, 88 years, from ivrn; to i*r,j; Balmon P, Chase, of Ohio, nine years, from isr, 1 to is;:;; Morrison R. Walte, of Ohio, fourteen years, from isti to I ami. and Melville w. Puller, of Il? linois, since 1888, period of ~ years to date. Character Is the governing clement in life ami is above genius.?Frederick Ba under s. LAW NOT ANTAGONA8TOC TO FEDERAL CONSTITUTION. Justice Hyderik's Opinion In Cases From the Circuit Court In Manning ?Judge Watts' Decision Affirmed. Columbia, April 13.?The income tax law of South Carolina has been held to be constitutional by the su? preme court, a decision having been handed down yesterday in the case of D. W. Alderman against L. L. Wells, the treasurer of Clarendon county, affirming the decision of Judge Watts, who decided the law was constitution? al, when the case was argued before him in September, ll>08, at Manning. The case was argued by Assistant At? torney General DeBruhl and J. H. Lesesne. Later the case way ap? pealed to the supreme court. The opinion is by Associate Justice Hy drick. Mr. DeBruhl also argued the case in the supreme court. The opinion holds that the act does not violate either the constitution of this State or the 14th amendment of the constitution of the United States. The provision of the 14th amend? ment, which it was alleged that the income tax law violated, reads as follows: "No State shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the United States; nor shall any State de? prive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the law." Section 5, of article 1, of the con? stitution of South Carolina is to the same effect and in nearly the same words. The decision in ruling on this point is to the effect that under the pro? vision of the income tax law there is no taking of property without due process of law and no denial of the equal protection of the law. It was alleged by Mr. Alderman that the income tax law was uncon? stitutional in that it denied to him the equal protection of the laws and due process of law in that: 1. Incomes under $2,500 are not taxed and incomes over said amount are taxed, this being an arbitrary and unreasonable classification and not being founded on the said incomes supporting a family or being used in any particular manner or by any class of persons. 2. That incomes less than $5,000 pay a tax of 1 per cent, and incomes from $10,000 to $15,000 pay a tax of 2 1-2 per cent. 3. That said includes all natural persons and excludes all corporations. j 4. That nearly all plaintiff's in? come for the year for which said tax was assessed was derived from divi dens received from stock In corpor? ations chartered under the laws of the State of South Carolina, and the said corporations had been required to pay the franchise tax in proportion to the amount of the capital stock as required by the laws of the State of South Carolina and , in addition, the said corporations had been taxed and required to pay taxes upon their property for the usual State, county and municipal purposes and the same amounts to an unreasonable discrim? ination against and tax upon the stockholders of corporations. 5. In that no tax is assessed against the increase in values of property during the year, or from property sold at greater than cost price or for an increase for market value in stock, bonds or other investments, this being an unreasonable and arbitrary classification of property for taxation. 6. In that no deduction is made for any interest or other like expen? ditures which reduce the net income and are not exempt in said act is expenses of carrying on business. 7. In that no deduction is made for taxes or other assessments paid the government, the said income tax act thereby being a tax on other taxes and subjecting some property to double and treble taxation. 8. In that no deduction is allowed for losses without regard to the na? ture or cause of same. It is also alleged that the act Vio? lates sections 2 and 3 of article 10 of the constitution and that it was re? pealed by section 6 of the supply act of 1905. Under the graduation adopted the tax is equal and uniform as to the class upon which it operates and af? fects equally and alike all members of the same eiass and there is. there? fore, no unlawful discrimination. The opinion continues: Next, it is alleged thai the act violates section 2, of article 1 0, of the constitution of teS State. Which declares. "The gen? eral assembly shall provide for an an? nual tax sufficient to defray the esti? mated expenses of the state for each year," in that it attempts to provide for taxation for more than one year, regardless of the estimated expenses of the state for years In which the same is to be collected. This Is merely an assumption on the part of the appellant. By the terms of the statute the tax Is levied annually, and Is applied to the expenses of the State In year In which It Is collected. We are bound to assume that in estimat? ing the annual expenses of the State the legislature takes into consider? ation all the resources of the State, in? cluding the income tax, and fixes the general levy accordingly. It is also contended that the act violates section 3, of article 10, of the constit Hon, which provides: "No tax shail be levied except in pursuance of a law which shall distinctly state the ob? ject of the same, to which object tax shall be applied." The title of the act (22st.. 529) is: "An act to raise revenue for the sup? port of the State government by the levy and collection of a tax on In? comes." That is certainly a distinct statement of the object to which the tax shall be applied. "The last point made is that the act was repealed by the supply act of 1905. Section 5 of that act requires the auditors and treasurers of the several counties to collect the texes levied and in pursuance of its pro Visions and forbids their collecting any other tax whatsoever, except, amongst others, 'such special tax or ' collection as is authorized under any act or joint resolution of the general assembly.' It seems to us the ex? ception clearly covers the Income tax. But it is argued that this is not a special tax. We think it is. The word 'special' is defined in the Standard dictionary as 'having in a peculiar and distinguishing degree some characteristic or characteristics out of the ordinary.' It seems from the numerous objections urged by plaintiff against this tax that he at least considers it 'out of the ordinary,' and as 'having in a peculiar and dis? tinguishing degree some character? istic' of a very objectionable nature. "But there are no exprebsed words of repeal in the supply act and there is certainly no necessary implication of such an intention on the part of the legislature. On the contrary, the same provision will be found in each supply act since the passage of the income tax act, and notwithstanding that provision the income tax act was incorporated in the code of 1902, and was amended in 1905 by repealing the eighth section of the original act. This clearly shows that the legislature did not intend by that provision in the generaly supply act to repeal the income tax act." Aguinaldo Today. Aguinaldo is living the life of a country gentleman on a small estate just outside of Cavite. He takes no part whatever in the politics of his country. From the moment of his capture Aguinaldo took the position that it would be Improper for him to express any opinion whatsoever regarding the rule of his country by Americans. So far as is known he has not commented in any way, eith? er favorably or adversely, upon the administration of the white man. "For a couple of years" said Man? uel L. Quezon, the Philippine com? missioner to Congress, "I lived with Aguinaldo in his home. We were on the most intimate terms. Remark? able as it may seem, I have not heard him make any comment whateevr, about the change in the government of the islands. No one has been able to trap him into any kind of an ac* mission. If he is asked whether he thinks conditions in the islands have improved under the administration of the American, he will reply: "I am very busy with my farming." "Whether he approves or condemrs the new order of things nobodv knows. Still he seems to be content? ed. Once or twice a year he is in? vited to dine with the Governor Oen ? eral. He always accepts these Imi? tations and seems to enjoy himself He maintains an air of dignity and composure at all times and has the respect of every one."?Brooklyn Eagle. Tht Taft administration is now openly defensive. It has been offen? sive for some time.?Louisville Cour? ier-Journal. 1M>NT WAIT. Take Advantage of a Sumter citizen's Experience Before It's Too Late. When the back begins to ache. Don't wait until backache become! chronic; Till serimiy kidney trouble* develop: Till urinary troubles destroy night'j rest. Profli by a Sumter citisen'i experi? ence. c. H. James, 17 Dingle St.. Sum? ter, S. C, says: "I can recommend Plan's KiJney Tills as I have used them with meat benefit. I had kidney trouble for s<MUe time, the kidney secretions being highly colored and containing sedi? ment, I suffered from backache aad sharp pains In my loins, could not rest well und In the morning my hack was so lame and sort- that 1 was unable to dress myself. If I straight? ened quickly, sharp. darting pains shot through my hack. A friend fin? ally told nie about Dean's Kidney PiHa and 1 procured a box at china's Drug Store. They helped me in every way and i have not had any backache sine'. The kidney secretions are now ch ar and I feel better than I have in months, i consider Doan's Kidney Pills to be an excellent remedy.'* For sale by all dealers. Price 50 cent*. Foster-Milburn Co., Buffalo, New York, sole agents for the United States. Remember the name?Dosn's?and take no other. No.22. "V^OU can guess * how good Nun nally's bonbons and chocolates are just by looking at them ?but you'll know their superior de liciousness if you buy a box. candies are un equaled in purity and freshness in all the south. They are shipped us by fast express?always fresh. W. W. SIBERT. Incorrigible. He asked so many questions that day that he finally wore out his moth? er's patience. "Robert," she cried, "if yon ask me another question I shall put yon to bed without supper." Robert promptly asked another and was packed off to bed. Later his mother repented. After all, asking questions was the only way he could acquire knowledge, so she tiptoed up? stairs, knelt beside Robert's bed, ar.d told him she was sorry " ' Now, dear," she '.aid "if you wen! to ask one more >|Ue*tioi before you go to sleep, ask it h tw. and I v ill try to answer." Robert thought for a moment, then said: "Mother, how far can a cat spit?" Stephen Reid, known to New York school children from the Battery t > the Grand Street Ferry as "Steve, tne candy man," is dead. He numbered among his old patrons Representative Dan Riordan, Judges Rosalsky, Crain and O'Sullivan, of general sessions; Magistrate "Battery Dan" Finn, the late Magistrate Walsh and Sheriff Thomas Foley. He was sixty years old. Gen. Leonard Wood, now chief of staff, is the youngest American gen? eral officer, with the exception of Gen. Funston. He still has thirteen years of active service before him. Only two general officers of 1906?Miles and Merritt?are living, and they are both on the retired list. CAROLINA COTTON SCHOOL, 17 WEST TRADE ST. Charlotte, - n. c. Wanted men toIncrease their earnings by learning la* nituai bortnees in our sample IOOU.K um er ; i-? X| ert cotton grader. Wv leach grauiiig, averaging, shipping, buying and acini v otitn, American and Liverpool idsaeiticaUoD. 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AnTone sending a sketch and description may qulcktv asccrt:iin our opinion free whether at> invention !? probably patentuhle. Comnninlcn tlnnsstrletly confidential. HANDBOOK on Patent? sent free. Oldest niieney for securing patent*. Patent? taken throne* Munn a Co. recolr? 'ptcUxl notice, without charge, in the Scientific American. A handsomely Illustrated weekly. Largest efr culatton of anr BcietitlUc journal. TerniB, fI a year; four months, $L Bold by all newsdealers. IW?NN&Oo.'??"?*?'- New York Branch oftVo. tT25 F BL. Washington, I). C.