Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

STAID MATE SHOCKED. OALLFRIFS HISS KKMARK OF nKN VTt)ll BAILF.Y. i? Uli tit, Precedent for Which P-ob ably I>oc* not F.xlst, IVimeM During IM?*? usslou of I/orlmcr Case by Tex? an and Senator C rawford ? Prev? ious Applause Tal ?n by Bailey ah "Fair Measure of Injuetloe of Au dienee." Then Sibilant Retaliation. Washington. Feb. 21.?8hrtlly rising abov? the expiring applause, with which the galleries had greeted a comment reflecting upon the Injustice of thoee occupying them, a long hits floated over the chamber of the Unit? ed State* Senate today. So far at many who have long been connected with It could recall, never before had a hiss been heard in that dignified body. The ?r.cldent followed a re? mark by Senator Bailey, of Tea Senator Crawford, of South Dakota, had made a statement bearing upon Lorlmer's case, that brought forth an xpress!on of approval. 'No applause will bo permitted from those In the galleries," said the Vice President. "The applause," said the Texan, who was In controversy with Mr. Crawford, is s fair measure of thu In? justice of the audience." From that portion of the audience that had not joined in the applause came a slight outburst, but as it trail?mI. out came the bias. No notice was taken of the Incident by Senators or officers of the body. th* day In the Senate was largely given over to Mr. Beverldge. who dis? cussed tba Lorlmer case. He did not conclude and suspended with the un? derstanding that he would continue tomorrow, after the conclusion of Mr. Lorlmer's speech In his own behalf. Senator Burrow*. In charge of tho question, In behalf of the committee on privileges and elcttona, had given notice, that he would ask for a vote upon the conclusion of the two speeches Mr. Qalllnger Interrogated Mr. Beverldge aa to the source of the money which the latter had charged had been used In the Lorlmer election. Mr. Beverldge replied that It had been received from "Brown, Broderlck and Wilson." "But where did Brown. Broderlck and Wilson get It?" persisted Mr. Oal Unger. Mr. Beverldge confessed that he did not know and to assist hi in, j aemewbat, the New Hampshire Sen- . ator suggested that, us the men who had confessed to receiving money were "a band of liars," no one could tell whether there was any foundation for their charges in this Instance. In this connection Mr. Bailey under? took to show that nothing had develop? ed to connect Mr. Lorlmer with the use of money In the election. Ho mentioned It as a curious fact that this was the first case in tho Semite where there had been no effort to show the source from which the mon? ey alleged to hsve been used had been derived. Mr. Crawford then entered the con? troversy. "It makes no difference where the money came from," said he, "if It was used for corrupt pur? poses and an election resulted from its use." A burst of applause resounded from the galleries. The Chair admonished the visitors that demonstrations of that kind are not permitted by the Senate. "Oh." exclaimed Mr. Bailey, who accepted the manifestations as against him. "it Is a sample of the Injustice of the visitors." Then tho hiss was heard. Declaring that there was no evi? dence connecting Mr. Lorlmer with the charge of bribery, Mr. Bailey ask? ed Mr. Beverldge If he believed that Brown. Broderlck and Wilson had supplied the money and tho Indiana Senator replied in the negative, ex? pressing the belief that it had been fjrnlshed to them. No effort. he said, had been made to show that five cents had been drawn from Lorl? mer's bank, and he argued that If money had been used for Lorlmer tho bank books would have shown the fact "That position is Hgatmtt every rule of com mo ,?? sense," declared Mr. ''rawford. "Tho proof I.* not on tho??? making the charge*; tho pre? sumption la that tho.**. who granted ??V tho transaction furnished the gang ey." Mr. Mail? y was Just a* compline n tary in his response. "Wh? n 'h? |ea> ator suggests a resort to the rub s <>f common sense, he should not violate such rub-s hlm*e|f," ho said. The trouble, bo urged, was that It *ns < suim-d that money had been used as thu witnesses have been charged, which he did not believe to have bssjg the case. ?ThMi.' said Mr. neverldge, "It was all a dream." ? No. rod a dream; If wan all a lie," responded Mr. Bailey. "Does not the Senator believe that Holtslaw deposited the $2,500 as ap? pears In evidence?" Mr. Bailey was asked by Mr. Beverldge. and he promptly replied that he did not. "What motive could have prompted the testimony?" the Indiana Sena? tor demanded. "The same motive that caused others to want to destroy Mr. Lori mer's character." was Mr. Bailey's ex? planation. At this point Mr. Beverldgo Intro? duced an affidavit from J. H. New? ton, chief clerk of a bank, together with copies of the famous deposit slip. Mr. Bailey propmtly seized the oppor? tunity to obtain unanimous consent to the publication of the slip In the Con? gressional Record for the purpose of sustaining, as he said, his charge of forgery. BLEASE OFFKNDS FLORKNCK. Substitute* Maxey Hill For J. S. Mc Kenslo Who Was Iiccommended For Appointment. Florence, Feb. 21.?Among his many vetoes the governor seems to have vetoed some of the recommenda? tions of the Florence delegation and there are indications of a fight on the matter. The delegation sent in the name of J. S. McKenzie who is regarded by the county auditor's office and others as ono of the most valuable men on the county and State board of equal? ization. The governor, when he sent the names to the senate had substi? tuted the name of Maxey Hill for that of Mr. McKenzie. G. WASH HUNTER PAROLED. Time Granted to Prepare Motion for New Trial. Columbia, Feb. 20.?George Wash? ington Hunter, known as "Wash" Hunter, was today paroled until July 1, during good behavior. The parole was granted to give attorneys time to ask for a now trial on the grounds of after-discovered evidence. Hunter was convicted in Greenwood county on the charge of killing Eldred Cope land, in Laurens county, and was sen? tenced to eight years In the Peniten? tiary. His sentence has been affirmed by the South Carolina Supreme Court and the United State Supreme Court refused to hear the case on account of the lack of jurisdiction. The following affidavit was filed with Governor Blease by F. H. Doml nlck, a former law partner of Gover? nor Blease. and upon which the parole wp.s gr.nted: "Personal'y comes be? fore me F. H. Dominlck and makes oath that he Is the attorney for G. Wash Hunter, who has heretofore been convicted of manslaghter In the Court of General Sessions for Greenwood county and sentenced to serve a term of eight years in the State Penitentiary. That the defen? dant, through h's attorney, Is de? sirous of making a motion for a new trMl in the Court of General Sessions on the grounds of newly discovered evidence, and that an important prop? osition of law has been overlooked by the Courts in the determination of the appeal of said case that deponent is informed and believes that at the present time there is no Circuit Judge la the 8th judicial circuit before whom this motion can now be made. The Hon. R. C. Walts, who has been assigned to hold the spring term of Courts In said circuit being now en? gaged in holding court in the 6th cir? cuit, and deponent is advised and be? lieves that he hereby has no Jurisdic? tion in this circuit; that deponent is informed and believes that the resi? dent Judge of the said circuit, the Hon. J. C. Klugh, is 111 and not able to perform the duties of his work on the Bench, and that under the cir? cumstances above set forth, unless a stay of execution or parole be grant? ed the said defendant by his Excel? lency, the Governor, the said defend? ant will have to Immediately begin the service of his sentence and he will thereby be deprived of bis rights, which are guaranteed to him under the laws \>f the State of South Caro? lina. Wherefore, deponent prays that the said defendant be paroled pend? ing the filing and hearing and deter? mination of said motion for a new trial or some reasonable time In which Haid motion can be made." GOVERNOR OR SUPREME COURT? Judge Must he Named for Hurry Court?.fudge Klugh HI. Columbia. Feh. IK.?"I have notified the Chief Justice, as roqulred by law, ami trust that adequate provision will be made for the Horry Court." This statement Is made by Judge J C, Khus'h. In notifying Governor Blease thai he win not be well enough to hold the Horry County Court, siiIch Ii to commence an February 17, Judge Klugh says tLat he has not sufficiently recovered from ? recent illness to hohl the Court. Governor Blsaie, in announcing the letter of Judge Klugh, did not make a statement ai to whether he would make an appointment or not. Just such a condition as this brought about the controversy be? tween Governor Blears and the su? preme Court Just whether Governor Bleaee will make th?- appointment re? gardless of the reeomtw ndatlon of the Supreme ('onrt la not known. THEIR DECISIONS BECOME LAW UK.HI.ST COURT OP COUNTRY SETTLES MAY QUESTIONS. Questions A He ctlng Inter-State Com? merce Principally Among; those Dteldtd by United States Supreme Court In Judgments I fain led Down Y'estorduy?Railroads and Publish? ers Cannot Exchange Commodities. Washington, Feb. 20.?Not f or j years have so many far reaching prin? ciples relating to Inter-State commer? ce been approved by the Supreme Court of the United States, as was | established in its decisions today as the j unquestioned law of the land. De? cisions of a number of other difficult questions were announced. Perhaps the most important of the questions of Inter-State commerce decided was: j "That the passenger has a right to buy tickets with services, advertis? ing, releases, or property, nor can the railroad company buy services, ad? vertising, releases or property with transportation." This decision was an interpretation by the Court of the Hepburn law of 1906. The case involved a large num? ber of contracts between the Chicago Indianapolis and Louisville Railway Company and various publishers. In another count the Court held that a State law regulating tho size of crews on trains within the State is not an obstruction to Inter-State commerce and may be passed by a Sate for the public safety. The so called "Full Crew Act" was enacted by the Arkansas Legislature in 1907 and provides for an engineer, a fire? man and conductor and three brake men on all railroads in the State of fifty miles In length on trains of more than 25 cars. Tho official of the State brought action to recover the penalties pro? vided for in the statute. The Chi? cago, Rock Island and Pacnc Rail? way Company, in answer, attacked th^ constitutionality of the Act, prin? cipally on the ground that it was an unlawful attempt to regulate Inter State commerce. The Supreme Court of Arkansas upheld the constitution? ality of the law. Among other questions decided by the Court were: "That the Supreme Court will re? view the validity of an order of the Inter-State commerce commission, even though the two-year limitation on tho file of the order has expired." That a railway system may not ex? pect regulation as an instrument of In? ter-State commerce because one of its constituent parts is a wharfage com? pany and its dominating power over the wharfage company rests In the fact that It Is a holding company. That the Inter-State commerce com? mission does not possess the power to reduce a rate as "unjuBt and un? reasonable,' merely because the rate Is equitable, as in cases where rail? roads induce shippers to enter a field by offering rates as low as to be re numeratlve. The Court, furthermore, decided as constitutional a State statute provid? ing that no contract of relief, benefit or insurance should be a bar to the right of a railroad employee, engaged in the operating of a railraod, to sue tho employer for damages resulting from injuries received in the course of his employment. The mayor and several councilmen, of Clay Center, Kansas, were held in contempt, but excused from punish? ment with the payment of costs, be? cause they destroyed the subject mat? ter of a litigation before the Supreme Court, after Its decision was announc? ed, but before mandate had been Is? sued or time given for a motion for rehearing. CONTINUE HOLL WEEVIL FIGHT. Senator Smith Has Appropriation In? creased $100,000. Washington, Feb. 20.?When the agricultural appropriation bill was reached In the Senate this afternoon, the amount heretofore put In the bill by the House for the purpose of era dictating the cotton boll weevil, $250, 000, was Increased to $350,000, on mo? tion of Senator Smith, of South Caro? lina. Ho pointed out the great nec? essity that exists for the light against the weevil and showed that unless more money should be voted now se? rious results might follow to tho grow? ers. After a brief consideration the Item was agreed to, and tho amount that will be available for the next fiscal year for this purpose will be $850, 000. Mexican Consul Shot b> Cowboy. Mexico City, Feb. 18,?Carlos <Jil bertO Schur'?. Mexican vice consul at Cardoba, Argentine, was assassinated today by an Argentine cowboy named M uglcae, Bohuerb was shot as he lay in bed at his hotel le re. The crime was the result of financial trouble between Rchuerb and a party of Argentine i nwboys wh i exhibited here during i he centennial last year. HEARING OF INJUNCTION AGAIN POSTPONED. injunction Against Club Disniisocd Until Hearing Can bo Given Injunc? tion Against Hank of Sumter.?Dis? missed on Technicality. The hearing of the injunction against the Eagles' club and the Bank of Sumter was taken up Mo.i I day at Kingstree before Judge De i Vore with Mr. D. D. Moise represent- : ing the Bank of Sumter and Messrs. Geo. D. Levy and R. Dozier Lee rep- I resenting the Eagles' club and So-1 licitor Stoll representing the State. The result of the hearing was that j the injunction against the Ragles' club was dissolved and, owing to press of courb matters to which Judge De Vore was obliged to attend, the hear ir.g against the Bank of Sumter was j postponed until sometime later. j A resume of the case and hearing is as follows: In answer to the rule to show . cause why the Bank of Sumter and the Eagles' club should not be per- j petually enjoined, restraining them, their agents and servants, and lessees, from selling or dispensing in any manner alcoholic liquors and bever? ages on the property used and owned by the respondents, C. H. Dorn and ' I !*ank of Sumter, the respondents, the P^agles' club and the Bank of Sum? ter, each through their attorneys at I Kingstree Monday made a special ap? pearance ar. d made special returns before his Honor Judge J. W, De Vore. i The respondent, the Eagles* club, set forth In its returns that it had never been propeily served with a j copy of the order heretofore made restraining It. This heir g .made ap- j parent to the court by exhibiting the ' papers purporting to be the petition and order, and it appearing therefrom that it was i?ot a true and correct copy of order temporarily restrain? ing the respondents, his Honor, Judge De Vore, dissolved the tempo rary Injunction as against C. H. Dorn, as manager of the Eagles' club. The respondent, the Bank of Sum? ter, made a special return setting forth the fact that all of the proceed- j ings temporarily restraining it and requesting a permanent restraining order were absolutely null and void, of no effect, in so much as no sum? mons was attached to the order or served upon the respondents. On this question Judge De Vore made no ruling and postponed hearing the arguments on this question until a later day. As the matter now stands the Eagles* club is relieved entirely of the restraining order and is free to conduct its affairs as heretofore until the Joint action against the Bank of Sumter, teh owners of the building, is determined. The only question now to be determined is whether or not the Bank of Sumter shall be allowed to lease and let the property owned by it and used as the club rooms of the fraternal order of Eagle? Cor the purpose of conducting its club there? in. Judge Do Vore will be in this city March 18th to preside over the spring term of the Court of Common Pleas, and It is the understanding of So? licitor Stoll that the case will be tak? en up and disposed of at that time, when tho injunction proceedings against the Eagles' club will ?e re? newed. The technical error in the proceedings, on account of which the temporary injunction was dissolved will be remedied, and the case will finally come up on Its merits. The result this far amounts to nothing more than a postponement on a tech? nicality, for the real merits of the case have not been touched upon. The hearing Of the injunction re? straining the Eagles' club from sell? ing alcoholic iiquori which was held at Kingstree Monday is the'third chap? ter of a series of steps that have been taken against this club to prevent them from carrying on an unlawful business. The first step UUS taken when the grand jury of 1910 appointed a com? mittee to investigate and llnd out if the clubs were violating tho dispen? sary law, and if so, to bring charges against them In the circuit court. This committee set to work and after some difficulty gathered sutflclent evidence to arrest the managen of the Elks' and Eagles' clubs for violation of the dispensary law. These cases were postponed from one term of court to the next when they were brought up ami the Klks' club was acquitted by a jury of the charge brought against them. The case against the Ragles' club was then, on motion of the So? licitor, nol prossed. The second chapter was never a finished one. it commenced when warrants were sworn out against the manager of the ESagles' club charg? ing iiim with violation of the dispen? ser) law. The club was raided by of? ficers of the law and a large quantltj ..f whiskey and be? r was found In tin club rooms. This case never came t? trial for before it was heard In tin Circuit Court it \n..; decided to en Join the club and the case was drop? ped on the request of the chairman v>f tho committee which was to look out for violation of the law by the social clubs of the city. However, upon the dropping of this case the third step began which was the serving of an order upon the club restraining them from receiving, storing or selling alcoholic liquors. The Bank of Sumter, the owners of the property, were served with a sim? ilar order at the same time, restrain? ing them from renting or leasing the property to the club for the purpose for which it was alleged to be used. The case we.s postponed several days subsequent to the serving of tho in injunction and prior to the psotpone ment of the hearing, the club was al? lowed to reopen Its business until the hearing was given in Kingstree on February 20. The hearing Monday resulted in almost nothing at all ex? cept another postponement and an? other hearing here in March sometime when it is possible that the case will come up on its merits. In Kentucky they have sentenced a man to the penitentiary for life for stealing a turkey. The only thing we see for him to do is to kill somebody and get out.?News and Courier. The Greenwood Index thinks that boll weevil plot sounds like a "made in-Atlanta" news story.?Anderson Mail. *mFm*mmmi J _ J .W ???"iq?"?!!!ga Piano Tuning, Mr. Edmund R. Murray offers his services to those who need an expert and experienced Piano and Organ tuner and repairer. References fur , nished and work ruaranteed. Addreae EDMUND R. MURRAY, ' Sumter, S. C. YOUR BANK ACCOUNT; OUR DESIRE. Your Satisfaction ; Our Pleasure Your Need; Ours to Supply Let's Talk it Over THE PEOPLE'S BANK, Capital $50,006 12 W. Liberty; St. Sumter, S. C. A New Scheme The average laborer depends entirely upon his daily earnings for the support of his family. Should sickness or other calamity overtake him this source of support is cut off. It therefore be? hooves every thinking man to devise some means of forestalling an adversity of this nature. Many schemes have been placed be? fore the laboring man, such as accident insurance, loan associa? tions, etc., but in each case it is necessary to make periodical payment to some company. Why wouldn't it be a good scheme to make these payments to yourself and YOU get the use of the money? Know how to do it? This way: Open up an account in this bank. Add to it periodically. When the accident hap? pens there is no longvvtnded system of proofs and complicatiDns to wade through. Simply wrfto a check for what you neei. Be your own insurance, company. THE FARMERS' BANK & TRUST CO. The Bank of Sumter Motion Is Life, "The Fire Fly shines only when on the wing, when once we still we darken." A comparison for past 3 years will convince you that we are not still. Feb. 16, 1909, Deposits.$292,800.00 Feb. 16,1910, Deposits.$358,766.00 Feb. 16, 1911, Deposits.$448,579.00 Capital and Surplus.$146,500.00 You are the one we are looking for?If you are not with us? Come. The Bank of Sumter LIME, CEMENT, t&t&B^^^^ T-Ioir f^-oin Klee Flour. Ship Stuff, Bran, ndy, VJldlll, Mixed Cow and Chicken Feed. Horses. Mules, Harn^es' a"1 No Order Too Large Or Too Small. Booth-Harby Live Stock Co. SUMTER, SOUTH CAROLINA. I Seed Potatoes! Seed Potatoes! Strauss' Satisfactory Selling Seed Potatoes Makes for Good Results?Big Yields. EARLY ROSE, IRISH COBLER AND BLISS Direct from Maine. Buy Your Sweet Potatore From? A. A. Strauss & Co. imiom: 8.v 26 N. Main Street Sumter, S. G. SPECIAL ATTENTION TO MAIL ORDERS.