The watchman and southron. (Sumter, S.C.) 1881-1930, March 22, 1911, Image 3
CORPORATION UK SUNDS.
Hl I* It F MF < OI KT OF *? M M l>
ST MHH l N IMMol SLl I P
llol Us i \W.
I* I .i\ ..it < ???? ration an.I N. Prop?
erty.?Opinion, DelKcrcd l?y Jus
thv Pay. fsVfssl Into Detail to Meet
Objection United \guliiHl l*rovi?ion
?Itcai I ?t.iio Trust* Mono I \
? Mtpl
Washing" n. March 13.?In a unani?
mous opinn.n the supreme court of
the Pnited States today held th?t UiC
corporation t*\ provision's of the
Psyne-Aldrlon tariff act are consti?
tutional. Thus ended a controvert
waged *almost continuously since
Pr?sident Taft first suggested their
enactment 'to congress. The opinion
was annou'M . .1 by Justice Pay. win
was appoint. I r.. tit-' s ipreine court
bench from Ohio in 1?03. U was an
e labors'* treatment of the subject,
containing approximately 10.000
word*. About half an hour was spent
by the Ju.'ttc? .rally explaining to the
bar the position of the court, the
printed pplnlon being used as a basis
for the remarks.
The justice Ars*-! determined that
th?? i v \n,i t what it claimed to
be in the*act. namely, <\nd excise tax
on the doing of corronte business,
and not a i tag on the ownership
of property. With that point decided
the Justice took, up at more or less
length th?* various objections urged
against the tax as an excise tax and
disposed of ;h-m to the satisfaction
of th? court. Finally he interpreted
the law so as to apply to real estate
companies and the so-called public
service corpora Ions, but not to "real
estate tru?:?."
The opinion predicates that the
"tax ie imp ?sed not upon the fran?
chise of th* corporation Irrespective
of their use 'n bus ess. nor np?n the
property of the corporation, but upon
the doing of corporate or Insurance
hfjslneas and a*Mb reroe to the car?
rying on thereof, in a sum .?quivalent
to 1 per cent, of the the entire net in?
come over and above $5.000 received
from all source during the year; that
is, when Imposed in this manner It
la a tax upon the doing of business
with th?- ad . antages whlc | Inhere In
the peosdlarlties of corporate or Joint
stock organization of the character
described. A3 the latter organiza?
tion-* share many benefits of corpor?
ations It may oe recognized generally
as tax on doPig of business in cor?
porate capacity."
'Vt* view of the menaure of the
tax Uf*STr?Mit<thened w he a we note that
as in organisations under the laws of
foreign country* the amount of net
Income over and abo\M $5,000 in?
cludes that received from business
transaction* and capital invested in
Alaska and District ?f Columbia."
Answering tho various objections
raised against the tax. Justice l?.y
first took up the contention that it
was a direct tax and. unconstltut I -pal
for the same reason that the famous
Income t*x law was u??? I ired uncon?
stitutional Ii. |*S*V He pointed out
that the Income tax was held to be
direct because Imposed upon prop?
erty."
"In the present case." said Justice
Day. "the tax Is not payable unless
there is a carrying on or doing of
business In the designated capacity,
and this Is maJe the occasion for the
tax, measured by the standard pre?
scribed."
Justice Day next took up the ob?
jection that the provisions In ques?
tion levied a tax upon the exclusive
right of a State to grant corporate
franchises In th.-\t it taxed franchises,
wht' h are the creation of a State in
Its sovereign right and authority.
"Wf think. 1 says the opinion, "It
ts the result of the cases heretofore
decided In thl* court, that such busi?
ness activities, though exercised ''be?
cause of sta? ." d franchises, are
not beyond the taxing power of the
l.'nlted States.
it was intended that It should be with?
in in the power or individuals acting un?
der Stute authority to thus impair
and limit th e ertion of authority
which ?nu\ I ? . sx? atlal !<- national ex
late nee."
/??Use Pay next addressed him
m If to the objection that the tax w...
m unequal and arbltrarv.
"Tr* thin* tnancV' said ho, "ts not
th* no r" dealing In merchandise, in
which the UStUUl transactions m-v 1.
?b?? sann . urhotnsf sanduetcd by ladt?
Ntduals or < - rporatloiis, hut IhC t;n
Is laid upon ?h" pri\lbge> which o\
f ist In conducting euslnsss with lh<
Mtrnntnges wh?h inhere In the eoi
porste c.ip.K ..r tho i - Red und
w Mch are not enjoyed l?J private
flrrt*** or lndi\ IdUUh
"These nermstages are obs/toua and
han |sd to the forasatlon of sucli
comi> r11? s In w arl\ ill I ran? h? ? of
trade. The continuity of the bjsl
ness with'Op Interrupt Ins hy death of
gsnsatu^tesa, Um itnnsf r sf pro peri
Interr** t>v th" imp" '" of shai
of stock. ?he H pantMC' S of hlismt
controlled arid mana'ted b'v OUfpSfUte
dire, tor*, the tp tieraI absein-*? of In?
dividual sbllllv. these and other
It i -n not he supposed that
thing* inhere in the advantages of
business thus conducted which do not
c\ist when the same business is con?
ducted by private individuals or part?
nerships.''
Measure ment of the tax by the net
I
in< ome from all sources, according t?
tiie opinion, is not so unequal and ar?
bitrary to the outside of the authority
of tie- taxing power:
W. gsttH I .t forgot that the right
to select th Tueasure and ObJeCtl of
taxation AOYOlVSt OH the OOngrOM and
not on the courts, and such selections
arc valid Billon constitutional limita?
tions at e o\, I -stepped."
Th. court was able to find no such '
violation of constitutional limitations.
With regard to real estate compa?
nies the Justice said
? Wa think it elans lhal oorporatloni,
>i ganlicd Jfor the purpose of d ling
bnalnsas aid actually engaged in such
.i tlvitles as leasing property, OOl
ie< ting ion's, mann ging oAot i?uiid- j
mcs, making Inveatmeal of profita or i
?mg or - lands and collecting roy- \
alties. managing wharves, dividing!
protits, and in some cases Investing
the surplus, arc engaged in doing
business within the moaning of the
statute and. in the capacity necessary
|S make met! organization, subject to
the law."
flit court held that It was not part
..f the essential government func?
tions of a State to provide means of
transpiration' supply artificial light,
water and the like. Therefore, It was
determined that the Coney Island &
Brooklyn Railroad com puny, and the
Interborough Rapid Tran. It of New
V >rk are subject to the tax*.
After dealing at length with nu?
merous Other objection to the law,
Justice Day came to the attack upon
It baeed on the so-called publicity fea?
ture.! of the provish ns which require
certain returns to be made to the gov?
ernment as an aid In the assessment
of a tax.
"The tax being) as we have held,"
eald the Justice, ? within the legitimate
powers of congress, it is for that body
to determine what means are appro?
priate and adapted to the purpose of
making the laws effectual."
The opinion tcus summarized
covers IT? of the IS cases In which
the constitutionality of the tax was
?sentn d. Th-- non-applicahlllty of the
act of real estate "trusts" was de?
cided in the other thro- cases. In
these eases the law was held lnan
pllcahle to the dishing Heal Estate
truat of Doston on the ground that
the trusts were not organized under
the statutes of the State or of the
United State? but existed merely un
der the common law. The Minneapo?
lis Syndicate was held not liable to
the tax. because the real estate
which It held before consolidation
l ;nl gone out oi Its control and there?
fore the syndicate was "not doing
business within the meaning of the
law." '
Ha* Millions of Friend*.
How would you like to number your
friends by millions a* Hueklen's Arni?
ca Salve does? Its astounding cures
In the past forty years made them.
It's the best Balve In the world for
sores, ulcers, eczema, burns, bolls,
scalds, cuts, corns, sore eyes, sprains,
swellings, bruises, old sores. Has no
equal for piles. 25c at Sibert's Drug
Store.
w. o. W, to QIUUBNVILLK.
Mountain City Geh* Next Meeting?
Delegate* to Head Camp.
Columbia, Mart h 15.?The Wood?
men of the World today selected
Greenville as the next meeting place.
The fo||(,win:,' representatives will go
from the South Carolina State Camp
to the load i.amp 1 l Rochester:
Messrs. w. H. Cobb, oi Columbia; It.
H. Peteraon, f tpartaaburg; J. a.
Cook, of Anderson and L, I. Parrott,
of Bnmter.
Kills a Murderer.
A merciless murderer la appendl
cht* with many victims, but Dr. King's
New Life Pills kill it by preventure.
They gently stimulate stomach, liver
;md bowela, preventing that clogging
that Invites appendicitis, curing con?
stipation, headaehe, blllonaneaa, ohtlle.
IIa el Mbert'i i?ru>? store.
<;..\. Bleues win call a meeting of
the Iruataei oi the state negro col?
lege to elect the nttCOOSBOf of Presi?
dent Tin.*. K, Miller.
I >" you know that of all the minor
ailments c dds are by far the most
dmg.-rous.' It 1m not the Sold Itself
that you need fonF, but the serious
diseases that It often had* t ?. Most
of theea arc known as germ disease*.
Pneumonia and eonaumptlon are
among them, why nol take Cham?
perlnhVi Congh Remedy snd eure
your i old while you can? For sale
by all dealer*.
Tin Charit Ion Ik M, <'? A, ram ?
pulgn rommltiet on Tuesday rnlsed
111,834 for s i Francs Xavlrr In?
' llrmary.
\ special Mi de ine for Kidnt ? \nil?
menu.
Ml I' ? i'b r ' p r?p|e ha\ 6 found In
Foley'j Ki-iie v Itnniedy s quick relief
snd permaneni benefit from kidney
and bladder ailments a id f?om
noylng urinary h'regularities due to
advancing years Isaac N. K*g?w,
Farmer, Mo., aayi "Foley'j Kidney
Remedy slfacted a oomplets eure In
mj snse and i want otheri to know of
it " w. w. ilbcrt,
it*
INSTRUCTIONS FOR USING IN
FIELD AND GARDEN,
May Be Uaed singly or in Combine
llofj wlUi Other Fertilisers, on
i ruck or General Field Corps, and
as Top Dressing for Gram Lands
and lawrng?Method of Mixing nnd
Application Thoroughly l.vplained.
Columbia, March 13.?In view of
ths requests that have been received
as to the question of when and how
to apply cotton .seed meal for fer?
tilising purpose B, instructions have
ben issued showing the method to
employ in various cases and on the
several crops, it may be used singly
or in combination with other fertilis?
ers applied under the drill row used
SI a side application and to a limited
cxt? nt as a top dressing, it Is equal?
ly useful on truck garden or general
held (fops. As a top dressing for
mass lands and lawns Its value has
been fully demonstrated/ it may
thereft re be regarded as b general
Utility source Of nitrogen and while
ROI SQ t'i? h R| a carrier Of this ele?
ment of plant food as the material
derived from other sources, it has the
advantage of supplying this eh ment
in a sufficiently quickly available
form to meet the needs of the great
ma >r!ty of our cultivated crops and
forms one Of the most desirable bases
for a fertilizer formula which has
yet bei n discovered. This is in a
measure due to its finely pulverized
condition, its freedom from moisture
and the fact that when mixed with
most carriers of phosphorus and pot?
ash it does not readily react* Being
an organic material It readily under?
goes fermentation and therefore
yields up its nitorgen as rapidly as
most field crops require it.
From 300 to 70a pounds of cotton
Seed meal may be mixed with each
ton ff fertilizer advantageously, the
amount varying according to the per
cent of nitrogen which It Is desired
to secure in the formula to be used
Under the drill row and experience
has demonstrated that this Is one of
the most satisfactory ways in which
to apply nitrogen to a growing crop.
If the lands in this State were richer
in vegetable matter and more thor?
oughly prepared it Is possible that
broadcasted ferti'izer would more
frequently demonstrate Its value.
The exact method of applying a
fertiliser has much to do with the re?
sults obtained. Cotton seed meal
should bo put under the drill row
for cotton and It Is better if It can
he put In the soli one week to ten
days before planting the crop. It is
bast where high grade fertilizers arc
used to mix well with Ihe subsoil. A
hull tongue may be used for this pur?
pose.
The bed for the cotton may then
be made. For corn the fertilizer may
be applied at the time of planting. It
Should bo put In relatively deep, haw
ever, and it is desirable that the fer?
tilizer be kept from coming in direct
contact with the seed, for occasionally
this may interfere with germination.
When a fertiliser containing cotton
soed meal as its chief source of ni?
trogen is used under the drill row
it may often be desirable to !rcrease
the amount of this element, which is
accomplished by top dressing tho
crop at an appropriate time with ni?
trate of soda or sulphate of ammo?
nia.
Fertilisers containing cotton seed
meal may be used as side applica?
tion to advantage provided the ap?
plication is not made too late in the
season. ?
The following additional suggest?
ions hnve been sent out to farmers
In this State:
"Probably 100 pounds is about the
right amount to use as a side ap?
plication, and it should be made about
six weeks after plant1 ng, though sea?
son and sol] will be determining fac?
tors, and must be judged by each In?
dividual for himself.
"Cotton seed might occasionally be
used for top drOSSlng purposes. The
conditions which would warrant its
us* in this matter are a season of an
abundant rainfall whon thore is dan?
ger of the more readily available ni?
trate of soda being washed out of
the land. If used as a top dress1 ng
it sin idd be distrlbutt d al oad of the
cultivator and incorporated in the soil
is>i depth of two or- three Inches. In
warm weather it will readily ferment
ami while not supplying nitrogen so
qulckl) as sonn- of the other mater
iais mentioned, !l will serve the needs
oi many crops In a favorable season
h us< d a indicatt d. 11 v ?uld be a
mitsak- t" sentter II on top of the
ground as this Would limit in- trans?
formation into a condition u.-? fui t.i
plan??. Mixing a quantity of it with
nitrate soda or filer quick acting
plant stimulants for lop drei on. nan
sometime-, be followed i" advantage
through a n excessive amount of
cotton seed i hould not he m d In I hi
way, noi fot that matter i ny nitrogen
ous material.
"The combination of cotton sc*?d
nu ai. pin sphntcs ami potash make* n
desirable lop drei Inn for 'awns. The
mixture should contain from two to
three per cent of nitrogen, und should
he applied at the rate \>f about 1,000 |
pounds per acre, a.* compared with
600 to 600 pounds for general held
crops. A Quick acting source of nitro?
gen as a top dressing for lawns is
not always essential in the South,
where the season is very long. A
Combination such as has been sug?
gested win also he found useful to use
around trees and Shrubs, the growth
of which it is desired to stimulate.
Prom one to five pounds may be used
for this purpose, depending on the
si/.e of tree and vigor of growth. Many
imagine that only the quick acting
formi of fertilizer should be used for
this purpose, hut that does not nec?
essarily follow, since a tree begins
growth early in the season and decs
not shed its leaves until late in the
fall. During the greater part Of
that period it is assimilating food,
and it is better to use a material
which will tend to supply the need?
of the tree for a longer period of
time than to use something Which
gives quick stimulation, and falls to
Supply the needs of growth for uni?
form th volopment later in the sea?
son.
"These suggestions should not had
any to draw false conclusions con?
cerning the use Of COttOn BOed meal,
for like all other materials, it has cer?
tain limitations, hut the fact that
large quantities of it are still ?hiped
out of the State, and allowed to go
< broad, Indicates that its full values
f >r feed and fertilizer Is not yet ap?
preciated as it should be, and it will
always be proper to emphasize its vir?
tues as strongly as a conservative
statement o fthe case will permit
until its full value is as completely
realized by the men who are respon*
sible for its production as it should
be."
FOUND NOT GITLTY OF BIGAMY.
Judge Watts Holds Second Marriage
in Another State is Not Bigamy in
Tills State.
Laurens, March 15.? In the court
of general sessions here today Judge
Watts made a ruling in an alleged
bigamy case, in which some fine dis?
tinctions are involved as to marriage
In South Carolina and other States.
Judge Watts held that when a mar?
ried man in South Carolina contracted
marriage in another State and after?
wards brought his second wife back
to this State while his first wife is yet
living does not constitute the crime of
bigamy against South Carolina, but
against the State in which the second
marriage was entered into, hence the
courts of this State had no jurisdic
\ tlon in the case.
The cans under consideration today
was that against T. S. Johnson,
charged with bigamy, Mrs. Susie
Johnson, alleged wife No, 1, having
brough* the prosecutiop. She swore
that she was married to Johnson at
Union 14 years ago, and that he de?
serted her two years ago and a few
months afterward married a girl at
Columbus, Ga. In December wife
No. 1 found her husband living at
Laurens mill with another woraan,
Whom he claimed was his lawful wife.
Johnson was arrested on the charge
of bigamy at the instance of Mrs.
Johnson the llrst.
The defendant denied that he was
ever married to the Union county wo?
man, but admitted that he lived with
her a number of years in this State.
On motion of defendant's attorneys,
Judge Watts directed a verdict of
"not guilty."
Solicitor Cooper argued that inas?
much as Johnson and wife No. 2 had
lived together in South Carolina as
man and wife, the laws of tha State
had been violated.
The court held further that the
second agreement of marriage had
nut been made in South Carolina and
therefore the crime of bigamy was
ntd against tl Is State.
However, Judge Watts suggested
that B statutory ( barge could bo
brought to fit this particular cas . As
a true bill on this charge had al?
ready been presented at the instance
of the solicitor, Johnson will be
placed oa trial again tomorrow.
Foley Kidney Pills
Neutralise and remove the pois?
ons that cause backache, rheumatism,
nervousness and all kidney and blad?
der Irregularities. They build up and
restor? the nature' action of these
vital organs. W. W. Blbert.
A dwelling owned hy Mrs. Mary B,
Hodge of Ah.du was burned Sunday
night. J, Mack Bagnal who occupied
the house narrowly escaped being
burned lo death.
Warning to Itailrond Men.
[400k out for the severe and even
dangerous kidney and binder trou
b|e resulting from years nf railroad?
ing, Ceo. i:. Bell, 639 Third street,
I'orl Wayne, Ind., was many years
a conductor on the Nlck< I Plate, I lo
[pays 'Twenty years of railroading
I, f\ my kidneys in terrible condition.
There was n clntlnual pain across my
hack and hips and my kidneys gave j
me much distress, and the action of
luv bladder was frequenl and most
painful. I gv?l u Bupply of Foley Ki i
n< v Pills and the tu st bottle made i
wonderful Improvement and four bot?
tles cured on; completely, Since be?
ing cured I have recommended Fol^y
Kidney pills to many of mv railroad
h lends." W, W. Blbert.
YOUR BANK ACCOUNT; OUR DESIRE.
Your Satisfaction ; Our Pleasure
Your Need; Ours to Supply
Let's Talk it Over Capital $50,000
THE PEOPLE'S BANK.
12 W. Liberty St.
S u mte r, S. (2.
LIME, CEMENT, ffiR&*?m
Hay Grain --i( e'iour- v ,,T |;r-?n
Mixed Oow :nid Dhicl en Kced,
Horses, Mules. 5??5?ie*' :1,M
No Order Too Larj?o Or Too Kmoll
Booth-Harby Live Slock Co.
SUMTER, SOUTH CAROLIN V
R. Ii. BELSER. l.::\l sT FIELD,
"Attractive Propositions"
Am offering two attractive luts near in un Callioun St. at reason?
able prices. This street is now being clayed, i nd one of the wides.
and best shaded streets of the city. The property on this street it
going to increase in value. You can not get \ ei >ts than these.
Am offering also some choice business pro ? r v that will pay a
fair interest on the investment and enhance i.i value. No better in?
vestment than this class of property is to be found.
N. B.? I have associated with myself in the real estate business,
Mr. Ernest Field, formerly of Charlotte, N. C, and we are now pre?
pared to handle real estate of every description.
DF\ f\ i a money invested in
II II j% I a aw I1** real estate mort?
IS icninnr i n i^hes t et me invest
D R
died. real estate VI |1 11H I V H I i \\ your iole money at
loans neuotia1 ed. *| |J 1) 1U UI UU ? ^ ^ ?^ ^
26 1-2 N. Main St. REAL ESTATE BROKERS Phone 404.
SUMTER, S. C.
sells LANDS WHERE FARMING pays.
CCOUNT
BEACON LIGHT
T WILL GUIDE YOU
THROUGH riNANOAi
S
IN the year 1626 PETER MINUJT bought the whole island
on which New York City?now worth tour thousand mil?
lion dollars?is built. He paid S24 for the island. Had
he put out that $24 at 4 per cent compound interest in 1626 it
would now amount to as much as the present value of New
York City.
Make OUR Hank YOUR Hank.
We pay liberal interest consistent with safety 4<?.
Fir^l National Bank,
SUMTER, S. C.
Seed Potatoes!
Seed Potatoes!
Strauss' Satisfactory Selling
Seed Potatoes Makes for Good
Results?Big Yields.
EARLY ROSE, IRISH COBLER ANI) BLISS
Direct from Maine.
I?11 \ Your SwpoI Potatoes From
A. A. Strauss & Co.
I'IKiM HI
2(? N. Main Si re< I
Suntter. S C,
sim:ciai \ i 1? n noN to m mi. v>it m.its.