The watchman and southron. (Sumter, S.C.) 1881-1930, January 11, 1911, Image 6

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Jill FOR TRUST BARONS. TRAT I? THE OBJECT OF ATTOR? NEY Q CM BRA Ii WICKKR sll \V ANO AII>S. Campaign Waged?Beef Owner* ami Operators, Bath? tub Manufacturers, Cottou Men ami other* on The Raek. Washington. Jan. 3.?Aside from the big cases which It has pending before the Supreme Court, the Oe partment of Justice la engaged In a fssnral campaign against other trusts which It le trying to dissolve. In th* new Idea of criminal indlct is being developed to the ful? lest extent Indictments have been obtained again*** the prlnclpala in the Patten QiittsS eeroer; against officers of the Beef Treat and against the promoters of the "Bethtub Trust." Civil aulta also are pending In varloua parts ol the country for the dissolution of a number of other trusts. Among the eeaabinatlons of this character which Attorney Oenerai Wlckersham, act Ing for President Taft. Is trying to smash sre the Dupont Powder oom pealee* the Sugar Trust, the Harri rtman Pacific Railroad merger in al? leged contravention of the Sherman law; the Southern Grocers' Trust; the steading anthracite coal arrange menu; ths towing trust on the Oreat Lakee; the Brick Trust et Chicago, aad the Terminal Trust at St. Louis. Until the recent indictments of the beef, cotton and bathtub operators, the criminal section of the Sherman law had not been called Into use to any great extent. Now the Adnlnls t rat Ion Intends to proceed vigorously against flagrant violators of the Sher? man law by eecuring criminal Indict raente against them. It Is believed that criminal Indictments will be sought against certain principals of the Sugar. Tobacco, and Oil Trusts and possibly the Steel Trust . Ths decisions of the Supreme Court sustain beyond controversy, the prop usattoa that every contract, combine tlon or conspiracy having for its pur pose or directly and necessarily af? fecting the control of prices, suppres ?Jon of competition, creation of a monopoly, or other o bat ruction or re* tratnt of trade or commerce among the States le made Illegal by the Sher? ry ;*n act These court decisions also La re sustained ths proposition that every person making such a contract or engaging In such a combination, or conspiracy is guilty of a misde? meanor, snd Is liable to fine an/* im prisonmeat It le therefore, the plan of Attor? ney Oenerai Wlckersham and his as eoctetes, where the evidence shone that the defendants have combined with the obvious Intention of restrict tug output dividing territory, fixing prices, excluding competition or oth erwies restraining inter-State or for sign commerce, or attempting to monopolise com marc* among the States, to consider these facts as evi? dence of such a deliberate attempt to violate the law ss to Justify the use of all the remedlee of the Sherman est sdequate to prevent the accom? plishment of auch purposes and to pwnlsh ths attempt as criminal. In these oasee the department from now on will try to secure criminal Indict? ments. The most Important of these crim? inal trails Is In program before Fed? eral Judge Oeorge A. Carpenter, at Chicago. Indictments were obtained In September against Louie F. Swift. Edward F. Swift. Charles F. Salft. Francis A. Fowler, Edward Ttlden, J. Ogden Armour. Arthur Meeker, Tniamsa J. Connors, Edward Morris aad Louis H. Herman, charging them with conspiracy In reetralnt of Inter Stats trade in cattle and freeh meats. In this case Mr. Wlckersham Is try. lag to land the meat barons In jail. Argument of the indictment has al? ready been msde on legal technical? ities and the actual trial will begin In ths near future. In defending themselvee the beef barons have engaged not less thsn 12 some of them among ne? in the country. In the van ird of the Reef Trust conael Is Morits Roseuthal. of Chicago, the at? torney who Is said to receive a $ 1 , eee.tOO salary annually from the Standard (Ml Company for his ser? vices, and with him Is Igftl Mayer, of Chicago, and two-score others. This ease was originally In the hands of Edwin W. Kims, but Attorney < iener el Wlckersham haa taken the whole matter out of Mr. Sims' hands and pigged a special trial force In charge of ths effort to punish the beef barons ae criminals. They sre all working und* r the ?IT . ? ,,n of the general ?trust buster." Wllllsm S. Kenyon. Th?y are a special Assistant DlstllSl Attorney. Jame* II. WllWerxon; Fierc e Butler, a noted lawyer of St. Paul, and Jamee Sheehan, of ChlcsgO, both specially retained; Horton Corneau. Who Is special assistant the At? torney Oenerai and Elwood tl. flood man, special Assiatant l uiu-d states Attorney. The series of Indictments egalnst these beef men seek to punish them by Imprisonment for SggantsaV I ton, conspiracy and operating a mo? nopoly. Two other groups of Beef Trust in? dictments have also been obtained. Down at Savannah cases are pending against the Armour Packing Com? pany, Swift & Co., Morris & Co., Cud shy A Co., Schwarzschild & Sulzber ger, Frederick M. Hull, Jr., Emmett It. Adams and William D. Cooper for combining to fix prices of fresh meats and destroy competition. Up in Hos? ton another batch of indictments Is be? ing pressed against the meat-rend? ering combine, those indicted being John Heardon & Sons Company, the Consolidated Rendering Company. Ferdinand Sulzberger, Horatio W. Heath and Cyrus S. Hapgood, it be? ing charged that they have tried to ?o divide New England territory among themselves as to avoid compe? tition. Besides the civil suits pending in Baltimore against the Bathtub Trust, criminal indictments were obtained only as late as December 6 last in the United States Court for the Eastern district of Michigan against Francis J. Torrance, Herman M. Hoelscher, A. H. Cline, Jr., T. R. Barnea and Howard T. Gates, the "bathtub bar? ons," for conspiracy to restrain trade of Jobbers In plumbing supplies, for combination and attempt to secure a' monopoly. Edwin P. Groavenor, spe? cial assistant to the Attorney General has had charge both of the civil suits at Baltimore and the criminal indict? ments in Detroit against the Bathtub Trust. John Philip Hill, United States District Attorney at Baltimore, Is as? sociated with Mr. Grosvenor In press? ing the civil cases there, which are being pushed to the limit. The suits were filed in July and the Govern? ment has put all ite evidence before Lin dee y C. Spencer, of Baltimore, who has been appointed special master in chancery to take the testimony. It is now up to the defendants to submit evidence In their own defense, and af? ter that the cases will come before the United States Circuit Court for the district, which Includes Maryland, with Judgea Qoff, Prltchard, Morris and Rose on the bench. The crim? inal indictments In these cases were obtained in Detroit, because the At? torney General did not consider It wise to have them tried In the same Jurisdiction as the civil suits. Since July indictments have been obtained in the "cotton corner ' against Jamea A. Patten, Eugene O. Scales. Frank It. Hayne. William V. Brown and Robert M. Thompson, charging them with conspiracy to monopolize inter-State commerce In available cotton and finally selling the cotton to consumers at arbitrary and excessive prices. The result of thla proaecutlon will have important conaequencea in determining how far the Sherman act la adequate to break up "poola" or "cornera" to control the price of artlclea dealt In on commer? cial exchanges and to punish those who take part in them. Demurrer has been filed to the Government's In? dictment of theae men in the Circuit Court for the Southern district of New York, and it la now up to the partlea to argue the demurrer. _!_ . mA Valuable Apple Tree. Pay Streak. Thirty thouaand dollara waa the aum recently oftered an eastern Wash? ington nursery company for an applo tree located near Lake Chelan. The offer was made by a ayndicate who dealred to propagate the tree. It was turned down by the nursery com? pany, which will develop the fruit it ssjH, The tree is 20 years old and is call? ed the Chelan. The fruit la golden ??allow and Is said to be different from that of any other apple grown P Washington. It la also said to pos? sess exceptional keeping qualities, a box having been kept in atoreage in Spokane for two years without any ?^narked deterioration. Twenty years ago, the atory runs, an Indian planted a handful of applo seeds, three of which grew. The fruit of but one of the trees was good for anything. The tree is now of great alse and a prolific bearer. Last year at the National Apple show at Spo? kane fruit from the tree took first prise for now- varieties of apples. Dandruff Mild Itching Sculp Yield to This Treatment. Why egpotfanssji trying t<> drive the (I indruff k< rm from underneath the skin with greasy lotions or fancy hau dressing whet, l?.i.orme's Pharmacy will gnaru.it' , Z? m<, and Zemo snap to entirely rid the m-nlp of the germ llf* that causes the trouble. Zemo and Z-mo soap egg be ob? tained In any city Of town in America und are recognized the |.< st und mOfl economical treatment for all affec? tions of the .skin or scalp win tin r on Infant or grown person. One sham? poo with Zemo soap ami Application ? I Zemo will stop Itching ami OlesjISC Hie eOftlp of dandruff and scurf. We Invite y??u to try Zemo and Zi mo soap and If not entirely Itfttls* fh j v>v will refund your money. FORBES VS. BOWMAN. SYNOPSIS OF DECISION OF SC PBKMB COURT. Gsjgej Involved the Validity Of the Trust Deed in lbs suniti'f Banking nmi MtfOSStilt CO* Liquidation?Court Declared the Deed Voidable Hut Says Forbes Was I Stopped from At? tacking It. (Reported for The Stnte by H. A. Whitman. | W. B. Forbes, appellant, va. W. A. Bowman, et al, respondents?This is an action to set aside a trust deed on UM ?round that its provisions are in violation of the assignment law and the statute *>f Elizabeth. After testi? mony had been taken by the master of Sumter county, the case came be? fore Circuit Judge Geo. W. Gage, who, in his decree, gave judgment In favor of the defendants, from which judgment plaintiff appealed. Opinion by Justice Wooda: The trust deed executed by W. A. Bowman and the Sumter Banking and Mercantile company to R. L Manning and others, as trustees for creditors, could hardly have been more complex and difficult to understand. Careful consideration leads me to the conclusion reached by Justice Gary: (1) That the debtors were insol? vent when the deed was executed; (2) that the intention was to convoy the entire property of W. A. Bow? man, aa well as that of the Sumter Banking and Mercantile company; (3) that the deed contemplated the payment of the creditors mentioned In the deed to the exclusion of other creditors, and (4) that It provided for the return of the surplus of the prop? erty to the debtora Instead of its ap? plication in the claims of other credi tora not mentioned in the deed. Un? der this state of facts it inevitably follows as a conclusion of law that the deed was voidable at the instance of creditors not provided for becauae obnoxious, both to the assignment act and to the statute of Elizabeth. Jacot vs. Corbett. Cheves Equity, 71; Stu? art vs. Harrison, 3 S. C, 266; Claflin vs. Iseman, 23 S. C, 416. In reaching this conculsion notice should be taken of the following pro? vision appearing In the deed as the 24th clause: "That the trustees shall apply the proceeds of sale and collections from the individual property of W. A. Bow mun only to the payment of the indi? vidual debts and obligations of the said W. A. Bowman, Including his indorsements and guaranties." If this atood alone it coluld well be construed aa providing for a ratable dlatrlbutlon to all the creditors of W. A. Bowman, but this construction would be Inconsistent with and en? tirely defeat the 13th clause ? which provides that after the creditors spe? cially mentioned in the deed have been paid, the surplus shall be paid over to the debtors, if the two clauses are to be construed together and both given effect then "the individual debts and obligations of the aald W. A. Bowman" mentioned in the latter clause must be held to refer only to those debts and obligations mention? ed In the 13th clause. If the two clauses are to be regarded absolutely Irreconcilable then that which ap peara flrpt In the deed and provides that the debtors and not the creditors /hall receive the surplus In the hands of the trustees must be given effect In preference to that which Is after? ward written. It is, however, but Just to the parties interested to aay that th*?y made an offer to the plaintiff that he should come In and have the benefit of the terms of the deed as If the 24th clause of the deed atood alone, unlimited by the 13th clause, and the circuit judge held that he could yet come In and receive all the benefits of the deed of trust. There was no exception to thia find? ing. Notwithstanding the conclusion that the deed was voidable under the statute of Elizabeth and the assign? ment statute, it seems to mo clear that the plaintiff Is estopped from at? tacking the transaction. The suit is at the Instance of the plaintiff alone and for himself and other creditors, and if there be othe r creditors of W. a. Bowman, the record does not die* ci<?se that any of them have com plain - ??d or sought to set eelde the deed. Therefore if the plaintiff has taken action which mak< i it Inequitable that he should be heard to attack the deed the case is at en end. On the subject of estoppel the cir? cuit Judge said in ins decree: "1 have not considered Ihe i Iroumstances that the plaintiff, as president of ? corporation, signed the deed of trust for his corporation as <>ne of the principal creditors, i do noi think it necessary to decide upon the legal effect of such an act; Put it? moral ft.ice is of consequence when ?? chan cellor ?onus to ask him ? If in the consideration of s cause whether ? wrong has been done." This lang" u tgo, it is true, does not Indicate very clearly ths extent to which estoppe entered Into the conclusion of tin court, but It does Indicate ver> clear ly that it was taken into consider? ation. This being so, when respond? ents' counsel relied on estoppel in this court they were not introducing into the case a new ground not relied ? n by the circuit judge. It was not nec eessary therefore, for respondents' counsel to give the notice required by Hule 5 that they would rely upon wstoppel as an additional ground in support of the circuit decree. At the least the applicability of the rule is ex? tremely doubtful; and when that is so, it should not be applied so as to exclude an issue of vital importance to a Just decision on the merits d the case. The execution of the trust agree? ment and conveyance on the part of the Richmond Guano company was by the hand of the plaintiff as its vice president. An officer of a cor? poration is not estopped as an indi? vidual by signing a deed for the cor? poration under the direction of the board of directors or superior officers of the corporation. The Just rul-3 however, and that which is supported by the current of later judicial expres? sion Is that estoppel arises against one as an individual when he, as an offi? cer of a corporation or in any repre? sentative capacity, voluntarily par ticipates in the making of a deed or other transaction on behalf of the corporation, and the other parties to the transaction incur expense or are put at a disadvantage by acting under the agreement in reliance upon his approval and participation. This is the principle on which the following cases were decided. In Hancock vs. Caskey, 8 S. C, 282, it was held that when lands were sold under a decree for partition, without reservation of the growing crops, a guardian ad litem of the infant defendants was estopped from claiming such crops as his property. In Mortgage Co. vs. Walker (Ga.) 46, S. E., 426, the act of the plaintiff in signing a deed as agent was held to estop him from as? serting title ir. himsef. The court said: "The deed may have been the act of Mrs. Walker, but the recitals of fact and the representations bound the conscience of the agent, and es topped him from using any righ*. or title outstanding in himself." In Bi nk vs. Bank (N. C.) 50, S. E? 848, oie C. was the president of a ccrporation Which had conveyed the property in dispute. The court said: "True, this was a conveyance by the corporation, and therefore is not an estoppel against C. as an individual. But ho signed the deed for the company as its president, and this covenant that the* property is free from incum brances amounts to a representatioi by him that this is true." In Wells vs. Steckelberg (Neb.), 66 Am. Stat. Rep., 629, it was held that if one assumes in a representative ca pacity to sell and convey to another the entire estate in laud, he is estop ped from settling up an estate there? in in his own right against the pur chaser. In Schn?ble vs. McNeill (Texas), 110 S. W., 658, an adminis? trator conveying, under order of the court, property in which ho as an In dividual owned a life Interest was held to pass his own Interest by es? toppel. In Tomllnson vs. Drought (Texas), 127 S. W., 262, It was held that where executors conveyed prop? erty under a trust deed as belonging to the estate, they were estopped from claiming that any part of It be longed to tiiem personally. In Brock vs. Rogers (Mass.), 68 N. E., 334, oue who by leave of court had sold as guardian land standing in the name of his wjard was not allowed to set up an adverse title in the land in himself. See also 11 A. & E. Ency., 397, and 16 Cyc. 712/ There Is a presumption that an of? ficer who signs a deed on behalf of a corporation participated in the ne? gotiations which led up to it, and ap-*| proved its execution. If the plaintiff was compelled by his superiors to sign the deed, or if he, as an indi? vidual, intended to attack it, good faith required him to speak befoie he par? ticipated in it, and before the defend? ants had acted under it and incurred the expense necessarily incident to the execution of the trust. The rec? ord afford^ no explanation of the plaintiff's course in participating in the trust agreemnt on behalf of a corporation in which he was interest? ed, and afterward attacking the agree? ment as illegal and fraudulent when the defendants had incurred expense in carrying it out. Under the facta here appearing it seems to mo that tin> plaintiff is estopped from alleging against the validity of tin- trust deed and agr< ement. The Judgment of the circuit court stands affirmed by reason of an equal division of this court. I.. I?. Jennings, attorney for appel lint. Lee X- Motsc, attorneys for re appndent. The feasibility of the Ontario hy? dro-electric commissioner's plan ol transmitting eii<tric current from N'i ugara Falls at a high voltage, oi w hich Windsor's hope of s< em Ing cur rent from Hi* Government line deped ed, lias i>een thoroughly demonstrate* by severe tests which have been mad< by the Commission on the line between Niagara Kalla and Dundas. HIS ?mg COMMUTED. CONDEMNED MAN SAVED FROM THE GALLOWS. Pink Franklin (iocs to the Pontitcn tlary for the Kost of His 1,1 .? Governor Ansel Review! the * .4so at Length und Says Ho Will Blum Mercy. Columbia, Jan. 6.?Pink Franklin will spend the remainder of his days in the State penitentiary. The sen tonce of death Impom d vipon the ne? gro in the Orangeburg county court in 1907 was yesterday commuted to life Imprisonment by dovernor Ansel. This action follows the filing of a great many petitions asking executive clemency. These came from more than a score of counties and were signed by several hundred persons. There were a number of petitions protesting against a pardon or com? mutation. Franklin wp.k convicted of the mur? der of H. E. Valentine, a constable, and he was to have been hanged on December 23. Recently Qov. Ansel granted a respite to the negro until January 27. The case was decided by Gov. Ansel independent of a re? view by the* State board of pardons. Following the conviction of the ne? gro In Orangeburg county an appeal was taken to the South Carolina su? preme court, where the judgment of the lower court was affirmed. The case was next appealed on a writ of error to the United States supreme court, but there being r.o federal question involved, the appeal was dis? missed on motion of Attorney General Lyon. Until several months ago the case of Franklin was handled by two negro lawyers, Moorer and Adams, Mr. Bonaparte, former attorney gen? eral of the United States, fllea a brief with the United States supreme court in the negro's behalf. When the appeal had been dis? missed by the United States supreme court, the case carrle back to the State supreme court. An order was issued for the Orangeburg court to assign a day for the execution of Franklin. In the meantime a new trial was asked In the Orangeburg county court on the grounds of after discovered evidence. The trial was refused, and again the case came be? fore the State Bupreme court. While this appeal was pending it was de? cided to abandon the cause and to ask that Gov. Ansel pardon or com? mute the sentence of Franklin. It is that petition that Gov. Ansel has acted on. This case has attracted no little attention in the North and many appeals have come from the Northern press. Following is Gov. Ansel's decree In the case: "The petitioner, Pink Franklin, was tried at the fall term, 1907, of the court of general sessions for Orange burg county for the killing ef on? H. E. Valentine, was convicted by the Jury, and sentenced by his honor, Judge J. C. Klugh, the presiding Judge, to be hanged soon thereafter. An appeal was taken to the supreme court of t)his State, where the Judg? ment of the lower court was affirmed, and on writ of error to the supreme court of the United States, there be? ing no federal question involved, the appeal was dismissed. The defend? ant was then resentenced to be hanged on the 23rd of December, 1910, and respited by me until Friday, January IT, 1911, as this petition was then pending before me. "This is an application, to me for a pardon or commutation of the sen? tence passed in this case. I have given a great deal of thought to this application and the law involved in the case. "A warrant had been Issued by one of the Magistrates of Orangeburg county for Pink Franklin for a viola? tion of an agricultural contract, said warrant being dated May 25, 1907. H. E. Valentine has been appointed as special constable to execute said war? rant, and on the morning of the 29th of July, 1907, he attempted to make the arrest. Pink Franklin at thit time was living on the land of one Mr Spires, about 12 miles from where he had been living in the spring on Mr. Thomas' place. I am satisfied that the warrant was a lawful one at that time, as the act of the legislature un? der which this warrant was issued had not then been declared unconstitu? tional. "It appears from tin evidence thai Mr. Valentine took with him W. M. t'arter and very early in the morning of July 29, 1907, went down to the house of Pink Franklin to make the arrest. Mr. Carter testifies that they knocked on the door and called, but Kot no answer. They did not state who they were or that they had a warrant oi- what their mission was. Mr. Car* ter went to the back of the house to s. . if he ^ot out there while Mr. Val? entine went into the house, he stating that tin- door was open, and soon thereafter ib.- bring began, three ?hots being tired dose together. "The solicitor ??f the circuit has b. . n before me and contends that the sentence should not be Interfered with Tb.- circuit judge who presided at the trial in his report says that the con? clusion which he reached many months ago and which Is unchanged is that the negro ought not to be hanged for his crime, and earnestly recommends and urges that I extend such clemency as my judgment may dictate. "Taking into consideration all the circumstances of the case as shown by the evidence, together with the urgent request by the judge who pre? sided at the trial that 1 exercise clemency, 1 fed satisfied that the pe? titioner ought not to be pardoned, but that the death sentence should be communed to life imprisonment *n the penitentiary. Wherefore, it is adjudged that the sentence of death heretofore passed upon the said Pink Franklin be, and the same |g hereby, commuted to life imprisonment in the State penitentiary at hard labor.'' SEVENTEEN DEAD, 80 INJURED. Mexico City, Jan. 3.?Fire and pan? ic, while a New Year religious cele? bration was in progress in a church on a hacienda, near San Louis Potosi, cost tho lives of seventeen and seri? ous injury of more than eighty, c'rJef ly women and children. Newa of the disaster reached this city today. Tho victims were workmen and members of their families. , The church, which was a small af? fair, was packed to its utmost capa? city. In the course of the ceremon? ies, a candle fell from its socket and ignited a quantity of dry moss, with which the building waa decorated. To Reduce the Cost of Living. (From the St. Louis Republic.) "Give me a back yard with 40 t'quare feet in it and a goat," said Dr. Thomas J. Allen, of Chicago, no? ted as a food specialist, "and I will show any one how a family of flve largely can be supported. "The high cost of living problem is all bosh if the head of the family would just adapt himself to clrcum stnees and surroundings. "On a small city lot you can easily raise all the vegetables necessary, ex? cept potatoes, to support a family of five people, and with the goat the cost of living will be reduced still more. "The goat la lost sighi of in this country. Goat milk is by far the best that anyone can drink. I state this as an authority on food values. An? other thing, it is a good animal to have around. It. Is cheap to keep, is a fine playmate for the children and you can depend upon it to keep the lawn well cropped without digging up the roots." For LaGrippe Coughs and Stuffy Colds. Take Foley's Honey and Tar. It gives quick relief and expels the cold from your system. It contains no opiates, is safe and sure. W. W. Sibert. Rhode Island leads all the States in density of population. But Mr. Aldrich is not to blame. He knows when to get down and out.?Indian? apolis Star. Constitpatlon is the cause of many ailments and disorders that make life miserable. Take Chamberlain's Stomach and Liver tablets, keep your bowels regular and you will avoid these diseases. For sale by all deal? ers. Anent the sugar customs frauds, It should be easy for this trust to "sweeten" the United States Treas? ury.?Portland Oregonlan. ?When given as soon aa the croupy cough appears Chamberlain's Cough Remedy will ward off an attack of croup and present all danger and cause of anxiety. Thousands of mothers use it successfully. Sold by all dealers . Because he refused to shrink before the designing politicians, the latter insists that Governor-elect Wilson has the "swell-head."?Birmingham News. Solve a Deep Mystery. ?"I want to thank you from the bottom of my heart," wrote C. B. Rader, of Lewisburg, W. Va., "lor the wonderful double benefit I got from Electric Bitters, In curing me of both a severe case of stomach trouble and of rheumatism, from ' which I had been an almost help? less sufferer for ten years, it suited my case as though made just for me." For dyspepsia. indlgeation, jaundice and to rid the system of kidney poisons that cause rheuma? tism, Electric Bitters has no equal. Try them. Every bottle is guaran? teed to satisfy. Only i<>c at Sberts Drug store. Nebraeka is the hrst state to aban? don the inaugural ball. All right, Ne? braska- you see what the suffragettes do to you when they get in power.? Cleveland Plain Dealer. CASTOR IA For Infants and Children. Die Kind You Have Always bought Rears the Btgnatnre of