The watchman and southron. (Sumter, S.C.) 1881-1930, January 07, 1911, Image 1

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Ht. M'MTI L A Vi! II IM A N, Reinbl Consolidated Au*. 2,1 ? . rui ? m ,i UrilhiNd n und Saturday. ?BT? US VEEN PUSLISHIN6 COMPANY SC MTB It. S. C. Terms: $2.^0 per annum?In advance. Om Square trmt Insertion.$1.00 Bvery subsequent Insertion.So Contracts for three months, or toturer will be made at reduced rates. All communications which sub ^rtvote Interests will be charged for as advertisements. Obit varies and tributes of respect will be charged for. Serve for a WOULD ESCAPE MBU NAVAL HTOKRB OFFICIALS ASK aUCYIKW OF CONVICTION. Petition of I>efrodents Found Uallty of Viola du? Hberrnan Anti-Trust Law Prrsenirtl to I n I ted Htstos Su preeao Court?Verdict of IHstrlct fv?ert Affirmed by Circuit Court of Appease "Had Law," Hays <' um r _ Washington. Jan. 4.?Officials of the American Naval Stores Company day died a petition In the Supreme Court of the t'nlted States, for a re? view of their conviction In the Fed? eral Circuit Court of Georgia, of 'violating the Shermaa anti-trust law. Tb 1 -nund S. Nash, president of the Amor I .Vr. ?n< direct, pr. I Naval Storee Company; Spencer jyP. Shotter. chairman of the board ot tors; J. S. Cooper Myors, vice tdent; Oeorge Meede Board man tteasurer, and Carl Moller. manager Qp^fBe Company's branch at Jackson Fla. Shatter and Myers, ac? ting to the petition, are the Amt men sentenced to prison for viola? tion of t'ae Sherman anti-trust law, whose case ever came up before the Supreme Court. This petition was nie. by/, former Senator John C. M?nef and skunuei It. Adaaaa. The officials were copvleted in the nlted States Circuit Court for the. Southern dlstrlrt of Georgia on j Marge of conspiracy, both to restrain {gad to monopolise trade. They had j i Ibsen ladlctcd In connection with the merican Naval Stores Company, the! v it> osl Transportation and Terml L?gil Company and fit, U De Loach. A the verdict of the Jury made no re turn as to the corporations and the . Government abandoned the case ?gainst De Loach. The conviction eras affirmed by the Circuit ?\>urt of 1 f>ppns1i fet the Ith circuit. There the case will end. unless tho Supreme Court acts favorably upon the petition presented today, and directs the Court of Appesls to - n i up the entire case for review. \ Mr. Spoon er urges in his petition that questions ere raised in the case avhkh are great importance to the business rorld tml t<? the legal pr.? f?ssion. Hope is expressed that "un? ity" of the penal sections of Sherman anti-trust law gen] red In part by the forthcoming Ions in the, standard Oil and cases, hut it Im thought that decisions may be too late to fomedv the * rong claimed to have inflicted upon the o flicls!? of the ffaval Stores Company. A review Is requested, because, in the first place. the\Sherman law, as a |?enel meesure. Is characterised as a ??ad law." even though It is not m "unconstitutional one." and. in second place, because the Indict ?at was bad. In that it did not charge an overt act committed In rtherane* of the alleged conspiracy. The "badnsaV'of the law Is alleged Wgely upon the claim that It do< lf% contain uSjM.uate description of % criminal offence. The principal sdtsnced in tkH '?oimectlon th:it crime ought f.- be so explicitly iown. thst all nun subject to its u v i titles ma) know agiat acts u Ii foelr duty to avoid* ' I'.ecause no overt act Is charged to further the slteged conspiracy. It u uiged thst n?? offence against n .? United States aas contnln-d in |he ^Sdletno nts. 1 I'MTI IN W II < *?\| I N?. I'V 1 Chester. Jan. '. The pretty custom that Chester denominations have o; nnltlng In webome ?.. .. . ,,ew pastor ?h it comes t<> tb" ril i.i.yi |-ved at the Methodist Church last .ight. The Mev M \N Hook, the nee pastor of Metre 1 M. F.. ehureh. pre.o Led. And win assisted In the services by She Bevs 1. s fjqrdof and D. <i f/hlllpr. H P.. who also delivered ghort addresses of welcome to the sjew past .r In behalf of their gathms. Ished \prll. fgftO He Just ax 881. S f'PAN&MI ?BEL" S?ll FAILS. si i?ki:mi: OOUWI affirms ocamiing OF iMM(TMi:\r. incision. Rendered by chief Justice While. In Famous Cam* Against New York World, Says Federal Court Has no Jurisdiction?Aetloii Result of Publish* (I Statements Al? leged to Reflect on Roosevelt, Tuft and CM hern. Washington, Jan. 3.?By unani? mous decision the Supreme Court of the United States today decided that ihe Federal Government could not maintain the so-called "Panama Can? al libel" suit against th i Press Pub? lishing Company, of New York, In the Federal Courts of New York. In so t'dding, the Court affirmed the dec.jlon of the Circuit Court of the Cnlted States for the Southern dis? trict of New York, which had quash? ed the famous indictment. In effect the decision was that the Federal Court hud no Jurisdiction ov ^r the alleged offence, because the cas^ might have been brought in a State Court. The Pres? Publishing Company, publishers of the New York World, was Indicted in March, 1909, in the Circuit Court of the United States for the Southern district of New York, for libel. In effect this libel was the publica? tion of articles, stating th?tt Chas. I'. Taft, Douglas Robinson, and Wm. N. Cromwell, with J. P. Morgan and oth? ers, obtained control of the Panama Canal route for about $3.000,000. and by the cooperation of Theodore Roosevelt, then President and broth? er-in-law of Mr. Roblnsbn, and Wm. If. Taft, then secretary of War and brother of Mr. Taft, were enabled to effect the sale of the Panama Canal to the United States at a profit of $36,000,000. The United States claimed jurisdic? tion to punish the alleged libel, on the theory that the publisher had committed a crime upon Federal ter? ritory at Wesh Point N. Y., and In! 1 ?? j I I the postofflee building in New York ! City. It was argued that wherever the papers containing the alleged Ubelous articles might have been printed, thai they were technically "publish" cd" upon these Federal reservations and the Federal Government had the power to punish such publishers* The indictment was quashed on the grounds that the Court was with? out Jurisdiction. The Cnited States appealed from this construction of j the statute under which it elulmed the Indictment was authorized. The decision of the Court today dealt entirely with the Act of Con? gress In 1898, under wCfllch the in? dictment wan brought. The effeo* of this Act was to incorporate the crim? inal laws of the several States, in force on July 1, 1898, Into the f\ d eral statute, and to make them appli? cable to Federal reservation! within the varlou? States. Among Cheat State laws was a New York 1 i 1 ?? t law. Justiee White stated that while th?? statute left no doubt when acts wer?' done on reservations, which were ? \pr.\ssly prohibited and punished as crimes by a law of the United state . that law was dominant and controll? ing, yet, on the other hand, allere no law of |he United States had express? ly provided for ihe punishment of ol fences committed on reoorvatlom all acts done on such rooervotlons, which were made Orlmlnul by ths laws of the several States, ware left to be punished under tin applicable State statutes. Chief Justice White said that in? vestigation plainly established; "stfgt: That adequate means wco afforded for punishing the circulation of a libel on a United States reserva? tion by the Mate Inw, ami In the state Courts, without the necessity of I resorting to the Courts of Ihe United I Stales for redress. "Second: That resort could be had to the1 Courts of the Cnited States to punish the act of publishing " QOWS I paper libel *?y circulating a I opy of I the newspaper eg the reservatio?*! -v ! on the theory that stu b publication was nn ''Ten., within the State Of New Voik without dl regarding the lawn of thai State, and frustrating Ihe plain purpose of such law, wir? it *n* that the re should be but a single preneeollen and Jurisdiction. "This I cing true, It follows in IhS Hgbt of th.- construction whlob we have given Ihe Aci of lift, thai the Court was right la quashing Ihe In? dictment as not a violation of tbat \. tj We think the Court could not have sustained tin- Indh tuu nt with? out giving to the statute a meaning dlre( Mv conflicting with the construe* tlon which we have attributed to it." id Fear ?tu?J* t all the ends Thou Alu 3UMTBR, S. C, S<i.T?R3 G??SOEN SEEKS rnVMU: ( IIMUJISTON LAWYER AM? FI- | N.\\( II It AITKALS TO St - PREME COURT. Order Of Judge Aldrlch Reflected Se? riously upon Ills Professional Con duet In the I a mono Ijawrencc Case Involving $800,000 Worth of Con? solidated Railway Stock and Gad sden Seeks to Remove Stain on Ills Reputation. Columbia, Jan. 4.?Philip H. Gad sden, a well known lawyer, president of the Charleston Consolidated Rail? ways, President of the Charleston Chamber of Commerce and Chairman of the State Board of Equalization, was allowed by the Supreme Court to day to file a petition asking for a hearing on his professional conduct In the famous Lawrence case as re? flected upon seriously in a decree by \ Judge Robert Aldrich. At his re? quest the Court refrained from acting on the motion presented by Gen. James Simons, that the appeal in the Lawrence case be dismissed and case remitted to the Court below for the taking of a consent verdict. The case involving $300,000 worth Of Charleston Trolley Stock has been | compromised by a cash payment of $95,000. The Supreme Court will later ap- j point a day for the hearing, designate j some attorney to represent the State and prescribe the mode of procedure. ; ALABAMA LAW INVALID. "Contract Labor" Slauttc Ruled Un ?(institutional. Washington, Jan. 3.?Upholding , the constitution and laws thereunder t as a safeguard to the freedom of la- . POT) the supreme court of the United I States through Justice Hughes today declared unconstitutional "the con? tract labor law" of Alabama. Te law In question provides that if a laborer with intent to defraud entered into a contract to labor for another and quit before money ad i vanced under the contract had been repaid, he should be guilty of a mis? demeanor. The quitting was made by the law a prima facie presumption of intent to defraud. The supreme court today held that the law In operation furnished a convenient instrument for the coer? cion of labor which the constitution and the act Of Congress forbid and that it was an "instrument of com? pulsion peculiarly effective as against ti?e p.?or ami the Ignorant, its most likely victims." The provisions Of the constitution and laws designed to secure enduring prosperity whit n depend upon free? dom of contract "would soon become a barren form," said Justice Hughes, who announced the opinion of the court, "if it were possible to estab- j llsh a statutory presumption of this ?OH and to hold over the heads of i i laborers ihe threat of punishment for I crime, under the name of fraud, but merely upon evidence of failure to work out their debts." The question Of the constitutionali? ty of the Ian was raised in the case of Alonao Bailey, a negro laborer for the Riverside company. Bailey made a contract to labor as j ? farm hand for one year and receive 116 advanced pay to be returned at the rate of $2.-.". a month during his service, but quit work after a month and a few da vs. lie was arrested, con Vlcted and assessed a tine of twice the amount of tin- advanced pay, one half of Which was to go to his fornu t employer and one-half to the State. When his case < im? to the supreme court, the department of justice was allowed to participate In the argu? ment "as a friend of the court" claim? ing that the 13th amendent to the constitution was violated by the law in question. The supremo court of Alabama had upheld the constitutionality of the law. Justice Hughes said that tin.Mit at the outset dismiss* d the point that Bailey was a black man. because there was- nothing In the statute that disclosed r discrimination against ne? groes, I_ ? < \i <.11m w M \i>i: < ii \ik>! \\. South Carolina Railroad Commission i ndergocs Reorganisation. Columbia, Jan. B.?The railroad commission was reorganised today, with tin- following members: B, U Caughman, chairman; John c?. Rieh? ards, Jr. end Q, IffcDuflle Hampton. Mr. Hampton was elected in the last elect j, n to succeed John n. Bai le. T. it. Lumpkln was re-elected as secretary and Mies Nell Brooks steno* grapher. is't at be thy Country';. Thy <.od * mi. DAY, JANUARY 7, 1911 ANARCHISTS DEFY POLICE. TWO IN BARRICADED LONDON HOUSE FICHT TO THE DEATH. After A Fierce Conflict, Which Stirs Whole of Metropolis, Desperadoes Die In the Flaming Ruins of Strong? hold. London, Jan. 3.?All London has been stirred by a terifflc battle waged today between anarchists on the one side and hundreds of police and in? fantry from the tower and artillery? men on the other. How many of the anarchists band took part in the engagement, which was fought in and around a barricaded house in Sidney street in the east end, is not definitely known, but so far, after a search of the debris of the burned structure, portions of only two bodies have been discovered. The remains consist of the trunk and part of the head of one man, and a few charred bones of another. It is the opinion of some that two desperadoes alone for so many hours held the police and military at bay. Thousands, Hocking from all parts of London, witneesed the thrilling spec? tacle?a steady rain of bullets, flashes of fire, smoke pouring from the win? dows, the house in flames and fln&*!v men on the roof, shouting defiance and falling into the seething mass below. A^police sergeant searching for the burglais, who only a few nights ago killed four policemen, was reeon noiterlng the Sidney station in the early hours of the morning. Suddenly a shot was fired and the sergeant fell with a bullet through the lungs. A call for police was sounded and the entire neighborhood v. is cordoned. People were driven from their houses and a pitched battle began between those fortressed in the house and hundreds of policemen. The Scots guards frorn the to Tver were hastily dispatched to the scene and later a battery of artillery with gattlirg guns arrived at doublequick. , . Their pieces were placed lu posi? tion but they did not upon fire. A steady strer.m of bullets played between the contending forces and the guardsmen took up sheltered positions, ftrini; volley after voiles into the house. Piles of straw were cast in all di-j reotiona and lighted In the hope that the desperat'.m s u\- uld be smoked out. At last sparks were observed ?hooting from the windows, accom panled by clouds of smoke and here and there a jet of flame. A detach? ment of firemen stretched their hose and threw water on the adjoining structures. Soon they directed their Streams against the stronghold of the desperadoes, wh'ch was now burning fiercely. Driven from the lower lloors the anarchists made their way to the roof, where, it seemed to the watch? ing thousands, several forms could be perceived admtst the driving smoke. Then the roof collapsed and with it the men. Not since the news of the British disaster at the opening of the South African campaign has the country been SO aroused as by today's scene at stepney. The newspapers call loudly for a more effective means of dealing with the growing terrors of alien immigration. no doubt lining held that the desperadoes who fell today were anarchists. A search of the besieged house after the ruins had cooled a little revealed In a cup? board a large number of what ap? peared to be metal dynamite bombs In an unfinished state. At present there is no evidence that the bouse had any c*her occupants than the two whose ct tarred bodies nere found. Several policemen and civilians re celved minor injuries. Immense crowds of sightseers Invested the neighborhood until a late hour to nlght, but a strict police guard was maintained and it was Impossible for those WithOU! authority to get close to the half-wrecked buildings. Two families whn occupied the lower Moors of the building w ere withdrawn by the police b< fore the fighting be gnn and they professed to know noth? ing of how the desperadoes gained act i ss to the bouse, The latter ap pear to have been in rooms rented by a Russian woman. Bessie Oershon, who Is now under arrest with other suspet ts, against w hom, however, no charge has yet b< en madi. it is sonu what difficult to establish the Identity of the dead desperadoes, or how the police tracked them, but, according to the latest reports, it is practically cej in that one is "Dutch" j Frits, and it i almost squally ?er> ! tain that the her il not "Peter the i TrntkVs." TUM TKL GIRL DEFEATS BOR?UM. Miss RUTH PINSON FIGHTS IN? TRUDER TO FINISH WITH HAIR PIX. Unknown Cuts off Part of Brave Lassie's Hair but Doos Not Injure Her. Greenwood, Jan. 3.?A daring at? tempt at burglary whic.. almost ter? minated in the more terrible crime of murder was frustrated here this morning at the residence of Joe Pinson on Reynolds street. His daugh? ter, Miss Ruth Pinson, a Winthrop student, who expected to return to Winthrop today, heard a noise in the parlor about 6 o'clock. She pushed open che door and was seized by some one within, dragged inside, a cloth was thrown over her head and an attempt was made to push some? thing in her mouth. She could not scream but Jerked out a hair pin and began jabbing and scratching her assailant. He in turn made a savage, cut di? rected at her head with some sharp instrument and cut off almost half her hair, which was done up on her head. Miss Pinson then fainted and the noise of her fall attracted her father who ran into the roam. The burglar jumped out of a win? dow and escaped. It is believed that he has on his face marks of the hair pin used by Miss Pinson. The articles which he intended to take jvway were found outside the window. They in? cluded a large number of wedding presents belonging to a sister who was married last Thursday. Although every effort has been made to find a clue nothing has as yet developed as to who the bur^l ir was or in in what direction he fled. NEWSPAPERS FEAR ANARCHISTS London Journals Becoming Almost Panicky on Subject?Some Rec? ommend Stronger legislation. London, Jan. 5.?The newspapers subject of anarchists. They are pub subject o fanarchists. They are pub? lishing suggestions for strengthening of the aliens act, .':nd calling the in? ternational police to hold a confer* ? nee with a view to uniting action against anarchists and for similar purposes and some of the newspapers even propose the pre%nulgation of new laws to prevent any private citi? zen from purchasing a revolver ex? cept under high license and strict reg Istration. These papers also delare that every non-naturalized alien should be licensed and e ?mpelled to take out police permits of residence, to be renewed annually, and that in suspicious, characters finger prints should be taken. ROBERT V. HAYNE'S DREAM. Story Of Accident to Hotly of Great South Carolinian. Jonesvllle, Jan. 3.?The new train put on by the Southern yesterday from Charleston to Cincinnati passed through Jonesvllle on time, 3.35 P. d.. and the people turned out along the railroad to see it. The new train from Charleston to the Northwest brings to mind more than ever the prediction of Robert Y. Heyne, of Charleston, way back In the thirties that Charleston would some day be connected with the great Northwest by rail through the Blue RldgS and other mountains. Hayne was enthusiastic over the fond dreams of the possibilities of this line by rail, and he made many stirring speeches In advocacy of bis hopes. While he was in the mountain -, of North Caro? lina, where he had a summer home iot far from Hendersonvllle, he died in tin- summer ??f tin* early forties and was buried. Later when cold weather came on bis remains were ta? ken up, packed in charcoal and car? ried by wagon i?? Cbarl I >n, as there were ne railroads throttgh this up country then. The wagon conveying the corpse passed through Jcnesvllle, and about i ne mile north of Toneoytlle, near the brick house tvl ro Mr. \V. T, Little jhon new llv< . the team ran ttWRJ with the wagon and the coffin and lux were thrown out and torn to pieces, and the head of Mr. Hayne was lot? loose from his body. M. mbers of the Bathtub Trust seem to be preparing to Implore the Gov? ernment to shul off the hot water.? Ltoston Trnnseript. l\ inter," for whom the poltci are still scan lung. All of the wounded arc doing well. Bergeanl Leesen is In s serious condi? tion but is expected to recover E SOUTHRON. 1-MabliMitd .htm. ?H#f Vol. XXXI. No. 40. fu!n*m BEGIN WORK. LAMAR Ln "^W* ( DEV ANTER or u .v.. TAKE OATH. For First Time in Nineteen Months Roster of Judges is Filled?Cere? monies Very Simple. Washington, Jan. 3.?The vacan? cies on the bench of the supremo court of the United States were filled today, when Judge Willis van Devan ter of Wyoming and Judge Joseph R. Lamar of Georgia each took the oath of office as associate justices and be? gan Immediately the performance of the duties of that position. For the first time in 19 months the bench was complete and for the first time in the history of the court, nearly a century and a quarter old, one presi? dent had commissioned within a single year five men to sit upon the bench. The ceremonies attending the ele? vation of the two judges were almple throughout. Chief Justice White ad? ministered to each the oath of alle? giance. The administration of this oath took place behind the closed doors of the robing room, just before the court took its place on the bench at noon. In open court immediately after the justices had taken their places. Chief Justice White announced that the new members were present and ready to take the oath. He referred to the judicial oath. The clerk of the court was di? rected to read the commissions. Then Justice van Devanter, having been named first by the president, took the oath and was escorted by the marshal to the chair on the extreme right of the chief justice. Justice Lamar then subscribed to the oath and was shown to his seat, which was at the extreme left of the chief justice. Justice Lur ton shook hands wdth Justice van De? vanter, and Justice Hughes congratu? lated Justice Lamar. This ende* the ? ceremony. BANK GUARANTY CONSTITUTION? AL. Supreme Court of United States Up? holds Validity of Oklahoma. Ne? braska and Kansas Statutes. Washington, Jan. 3.?The bank guaranty laws of Oklahoma, Ne? braska and Kansas today were de? clared constitutional by the supreme court of the United States and thus the light over the establishment of the policy of guaranteeing the public and State deposits in banks was won by adxocates of such a policy. The opinion of the court In the case was announced by Justice Holmes. He said that the main ob? jection to the law was that the as | sossments of the banks by the Stale in order to create a fund to guaran? tee the deposits in other banks within the State took private propery of one bank for the private use i I an-, other without compensation. "In the first place," said Justice Holmes, "it If established by a scries of cases that an ulterior public ad? vantage may justify a comparatively insignificant taking of private prop? erty for what, in its immediate pur? pose, is a private use." "The police power." he said, "may l>e put forth in aid of 'what is sanc? tioned by usage, or held by the pre? vailing morality or strong or pre ponderent opinion to lie greatly and Immediately necessary to the public welfare.' " , The laws came within this limit; he held. l?OSTAX li\NKs M\Y SUCCEED. C. J. Unreell of New berry is of Opin? ion That Eventually Idea May Rain Urea! Strength. Newberry, Jan. I.?The postal sav? ings bank in connection with the nostofllce lure opened for business yesterday. So far, according to c. j. Purcelf, postmaster b? re, 'her has been no great rush of depositors. About |200 hi B potltf d dur Ing the two .' ? > . Mr. Pure? !i in speaking of the ob ie? ts and prospects of the postal ' hank, said that he does not believe that the posts! bank scheme in the South will mal.' ?reat headway, at least for the present, as tin re is no considerable dements of foreigners in tin' population of South Caroling and the banks have the confidence of the native-born population. Nevertheless, Mr. Purcetl thinks, the postal bank will .tr-.w out some money which has been hoarded for years and may eventually prove a considerable success.