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