Historical Newspapers of South Carolina

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COTTON CORNER CRIMINAL si I'Kfr Ml ( (H It I It. NDI 1^ M i im<?\ \<. \i\nt t orn? Bl UM S|*? ul?tl\e i oinhiiiMtlon? to Corner and \d\anee IVI?^?-? of Inter-State i ommotlitltViolate the Sherman iMm?Patten. s<ale?., Hayn?' ami Hrown Munt Stand Trial for Tiding lo Comer Cotton. Washington. Jan. ?. -Tin supreme court of the United states t? day laid down the far-reaching principle that ??oornerw" of Interstate commodities ?sea as articles of clothing and food are In violation of the Sherman anti? trust law and held that as far as *he Sherman law wui concern*d. the in dlctment In the New York federal court of James Patten, Kugen, (J. ?cedes. Frank H. Hayne and William P. Brown for "conspiring to run an alleged cotton corner" was valid. The ease against them was sent hack for ixjej or other proceedings. Jvstlce Van Devanter announced the opinion of the court. Justice Lurton delivered a dissenting opin? ion In which Chief Justice White and Justice Holmes concurred. The ma? jority of the court held that the cir? cuit ceurt for southern New York had decided that the Indictment charged withholding" of the cotton from the market, a necessary element of a cor? ner as admitted by the government. The minority held thut the circuit court had found the indictment did not so charge and for that reason the Indictment eras fa. 't>. According to the Justice, the cor rtctness of the h iding of the circuit court to the indictment charging "withholding" and as to the suffi? ciency of the indictment on other technical points, has to be accepted at this time without question by the sapreme court. The points thus left undecided today may be made the basis for bringing the case to the court again If the defendants are con? victed Solicitor General Hullltt, who 1 sented the government's side of the case. Issued a statement after the de? cision In wh>ch he sold at last a way had been found to stop the running up of prices by men who sought to corner the market not only of gating Vat wheat, corn, lard and other com? modities. In hit opinion. Justice Van De van ter dealt at length v?lth?the defense that the accused men were not an> ssged In interstate commerce. "The first section of the act up n which the count* are ? imb d," sa d he, "is n<?t < to \oluntary re? straint, as where person* engaged in Interstate trade or commerce agree Co suppress c >n among them? selves but Includes as well . Involun? tary restraints, as where pet sons not so engaged conspired to compel ac? tion by others or to create artifh ial conditions which ne.c->s.i ? dy imped* or burden the du ?urse. of such trade or commerce or restrict the common liberty to engage therein." The Standard Oil case was quoted In support of this decree. Officials claim this language will materially strengthen their tight against combinations violating the law. Justice Win l'* vanter replied to the argument that running a corner stlm ulaten Instead of restraining trade by showing that this might be true for a time but that the corner was forbid? den by the law because It thwarted the usual operation of laws of supply and demand, withdrew the commod? ity from the normal current of trade, enhanced prices und produced practi? cally the same evils as the suppression of competition. He said the statute did m?t apply to corners of pu.h Intrastate trade n*?r where the effect upon Interstate trade was indirect ami ad.ted that In the present ease the trade was not Intrastate and the ef? fect was not Indirect "It was a conspir e y to run a cor? ner In the market." he said. "The < omniodlty to be cornered was cot? ton, a product of the Southern States, largely used and consumed In the Northern States It was a gejhJSSt el Interstate trade. The corner was to be conducted on the cott. n SW hang* In New York city, but by means whi h would enable the conspirators t*? ol? taln control of the available supply and to enhime the price t" all hav? ers In every market of the countrv. "Hvarlng In mind that such was the nature, or object and scope sf the conspiracy we regard it gJtSfjetha plain that bv Ma aafWSSafl spstatlaa P would dlr-ctly and materially mi pe^le ami burden the due gacjTSi of ? rade and commerce among the Statt Sjgjd th"ref*?re Intll* t UDOS the public the injuries whi* h the igstl I sat net Is designed to prevent. The court said it m ob go differ eaee that there was no allegation of a specific Intent t* restrain Intt istate tmde. "The se^gsptratsfi must bs held to have Im- mb I the f - and din - t SSnSSgUSartl of Ihelr int? end rnn not be head to say to tin contrary.' JnSSJee Van DarantSff e\ pl lined. Patten, ?eales. 11 ?ym and BfOWS Wtfi in? 1 it t. d in New York on charges Of conspiring January 1, 1010, to 'cor? ner" cotton h] rittnsivt buying on th< N- w York OOttOfl SXhangO, anil ?g ? moult oi \ inch the prloti would 11 taataosd ami ultimately become I I'itrary and excessive. The con? spiracy was described as calculated to yield $10,010,,i. in profits. TIm alleged violation of the Bhor m in law was set forth In the Indict Hg tn tight different ways, as many counts, the defendants being liab|,- to trial on any one. 15? fore the defendants could he plated on trial the 1'nlted States circuit for southern Neu York held insulflcient four counts, as not stating an offense. The gWVOmniOnt ai>pealed from that de? cision to the supreme court because of similarity in the four counts held insufficient, the controversy in the supreme court narrowed down to the validity of the third and seventh St unts. The third count had been attacked successfully as Insufficient because it merely stated an alleged conspiracy to buy cotton and omittjed to charge agt cements to withhold cotton or to sell In any particular manner. The lower court said the defendant! were not charged with "power" to con? trol the market. The seventh count was the on>* specifically charging the defendants with "running a corner" on cotton futures. The lower court held tbat such a corner did not produce effects direct enough on interstate commerce to bring it within the Sherman anti? trust law. Justice Van Devanter, in announcing the opinion, said the supreme court at this time, under the law, was not authorized to review the lower court's construction or in erpretatlon of the indictment as such, but only the lower court's interpretation of the statutes. Therefore, he added, the court passed by those points raised by the govern? ment. The justice said that the govern? ment had conceded In arguing the case that in order to effect a corner the-, must be a "withholding from sale of cotton bought and, therefore, the controversy turned upon whether the indictment charged a withhold? ing." As to that point, the ?eeisioo of the lower cant could not be reviewed at this time, the justice added, though the Unding might bi reviewed If the wer.- proceedi d with. At grosonl the decision of the lower court on this point must be accepted as OOrrOOt, he said. He then passed lO the holding of the lower court that running a ?corner" was not a viola? tion of the law. because the restraint 1 is too indirect and not voluntary. We hold that the restraint need not be voluntary, but in the light of ?\\ Standard OH oaas may be Involun? tary." Justice Van Devanter said that the Injury to the public was the sain, whether the effect was voluntary or Involuntary. JustiOS LurtOfl announced a dissent ing opinion, in whicii chief Justice WhitS and Justice Holmet concurred. The case will now go back to the I'tdoral court of southern NSW York for trial or other procec ings. The At < ision of the supreme court settles Ins Important Question that a corner Of any commodity is a restraint of In State BOmmsrOS, and may be a vio? lation of the Sherman anil-trust law. Today's docialon does not determine the QUtStiOl of guilt of Patten or other defendants, but sends the case back to the lower court for trial on the facts with the important principle of law established that if ? corner In cotton Is proved, the Sherman statute is violated. in his opinion. Justice Van l>evan ter said: "It well may be that running a cor r.( ; ti nils for a time to stimulate com? petition, btti thl>< does not prevent It f om being forbidden restraint, for ?t also operates to thwart the commodity from I he normal current of trade, to enhance the price artiflcally, to harn? per USeri and consumers in satisfying lh< ir needs, and to produce praottcall) the same evils as does to luppresslon Of competition." Solicitor General Bullttt, who ar? gued tin cast fof ths government made this statement today in regard to the decision: "Uy this decision the supreme court has shown a way to stop 'cor? ners' and to punish gambling specu? lator! who attempt to run pools and dealt and 'comers1 In wheat, cotton, lard, cor n. lard and stocks on the biu boards of trade and stock exchange! of ib.-< country. The Sherman anti? trust law li now an effective and pow ? erful instrument to stop tie- running up of pi ices by men who try to cor? ner the market, for Injunction pro? ceedings can be broughl to stop the deal before it has bei n fully carried out. Congress and Btnte legislatures hiv? for years been vainly trying tu pass laws to stop BUCh cormis, and now the Sherman law Is shown to be a proper and effectlvi method to reach the evil without In anywl o In I terfering with legitimate talei for fu? ture delivery, whether 'long' or I 'short.* " ACTION TO DISBAR B. B. EVANS LYON PRESENTS ALLEGATIONS TO SUPREME COURT, charge* Columbia Lawyer, candi? date for Attorney General In Lair Primary, with Various Wrongful Acts and with Uttering of false and Malicious Statements Con* renting Certain Cltlsem pf Saluda (ounty. Columbia, Jan. (j.?Attorney (Jen- j era! Lyon this morning brought to i the attention of the Supreme Court 1 of South Carolina alleged acts of Be nard B. Bvana, a member of the Columbia Bar, and asked the Court to take such notice of the matters stated as deemed wise. The action is Considered the beginning of proceed? ings to disbar Mr. Evans. Th Supreme Court took the papers and the matter under advisement. In the petition of the Attorney Gen? eral, which was tiled with the court this morning, in its original jurisdic? tion, it is alleged that Barnard B. Bvana slandered Sheriff Sample, Sen? ator t'rouch and Eugene Able, all of BalUdSi and collected certain moneys which he failed to turn over to the proper parties, and forged the names of two Edgefield citizens to notes , which were discounted at a Columbia bank. Barnard B. Evans was an opponent j of J. Fr?ser Lyon in the race last sum- i msr for Attorney General along with J. U. Barls and Thomas H. Peeples, the latter defeating Mr. Lyon in the second primary. The charges which Mr. Evans made against Mr. Lyon and the bitterness and boldness with which the latter denounced Mr. Evans as a "forger and liar" stirred the whole State am. made their race second only in point of interest to that between the candidates for Governor. After reciting the fact that liarnard B. Evans was .admitted to the practice of law on December 10, 1902, the peti? tion of the Attorney General alleges: That a check for $198.99, drawn on the Union Savings Bank, of Augusta, G c, by J. Frank & Son. in favor of George L. Salter, of Saluda, in October, 1'.?<???, and sent to U. B. Evans, attorney for Salter at Saluda, to be delivered to him, was endoised by Evans as at t< rney and the proceedi never turned over tu Baiter; that thereafter upon demand of Salter, Prank & S??n paid to him the sum of $198.99. The affida? vit ??f George L. Baiter and the orig? inal Of one letter that paSSed between George R. Rembert, of Columbia, and lt. W. Crouch, of Saluda, in "regard to this matter and copies of nine other letters passed between the same par? ties are attached to the oomplalnt. A copy of the Indictment returned against i:. B, Bvana for forgers by the giand Jury of Saluda County in De? cember, 1908, is attached to the peti? tion. The collection Of an account of the Murray Drug Company against T. E. Bates for $108, through B, B. Evans at Saluda In 1900, whic h, it is alleged, Bvana never turned to the Murray Drug Company( is recited, and w. .). Murray and J. Nelson Prlsraon are named as material WlUlSSSSS, The ( barge made by 11. B, Bvana in the campaign last summer to the ef? fect that sheriff B. ii. Sample stole a certain receipt from his office In Salu? da, and his other Charge! against Sample, together with a statement ?Igned by cltlsem of Baluda denying the charges against Sample, are re? ferred to and made a part "f the com? plaint. The petition says that the charge agalnat Sheriff Sample was With "Ma? licious intent" and that Evans, when he made them, knew them "to be ut? terly false." That complaint also alleges that B, B, Evans, at the Bpartangurg cam? paign meeting last summer, did ' falsely and with malicious intent" make a statement concerning B, w. Crouch and B, W. Able, of Saluda, that if the Aetna and Hartford Fire Inaurance companies had done their duty Messrs. Able and Crouch would be behind the bags as incendiaries; that < ne of the persons was caught In the act and compromised and tin- oth? er destroyed the libraries of all the layers in Saluda, ami the language of the complaint continues; That on said occasion he further referred to the said B. W. CrOUCh '"'I E, W. Abb? as blind tigers, thieves and incendiar? ies, well knowing the said statements to !>?? utterly false." McDavld Horton, of the Columbia State; Wyatt \. Taylor, of the Col? umbia Record, and L. H. Wannamak er, Jr., of The News and Courier, who reported the Spartangurg meeting for their respective papers, are given as m il. rial witnesses to prove this charge. Anothet pan graph of the complaint I sa s: ?"That the reputation of the s.iid i Iturnurd It, F\an> for honesty, fair dealing, uniform truth and veracity is had; n Is believed thai various mem? ber! of i he Columbia Bar will testify t<. the correctness of the above eh 'rires." it is .dl. g< ii thai R. II. Evans, In l s'in nnd 189!*, discounted two notes !at the Carolina National Rank, one for $160, tu which, it is alleged, he Forged the name of J. l>. Allen, of Bdgefleld, and one of an amount not named, to which, it is alleged, he for? ged the name of L W. Reese, <?f Bdgefleld County, it is charged that , when action was brought by the bank against the alleged signers of the notes, the alleged fact as to Evans forging the signatures was establish? ed. Certified copy of judgement ruli in Allen case is attached to complaint and as to second note. L. W. Reese, W. A. Clark and Willie Jones are giv? en as material witnesses to the al? legations. It is charged that B. B. Evans, while acting as agent for the Ameri- \ can Bonding and Trust Company, of ' Baltimore city, collected money on premiums of bonds issued by this company from various people and j failed to turn over to the company the i sum of $264.87 thus collected. A copy of the judgement obtained by BUCh company against Evans in the j Richland County Court is attached. Attorney General Lyon, in closing his petition, says: "That the certified records herein referred to, as well 1 as the letters and copies of letters, to- j gether with ail other information con? tained herein, have been put in the hands of your informant at various times during the past two and one half years, and he has, on account of having been ingaged in a political con? test with the said Barnard B, Evans, hesitated until this time to bring these matters to the attention of this honorable Court, but now finding that there is probably no other manner or means by which this honorable court may be put in position to take notice of the facts herein this information Is filed, "Wherefore your informant prays that the Court may take such notice of the matters and things herein stated as they deem proper." DEPUTY WOUNDED FARMER, .lames Fowler Shot and Seriously Injured by Boh Smalls on Farm Near Mullins. Mullins, Jan. 7.?James Fowler, deputy for Magistrate Harrellson, was shot this afternoon about 1 o'clock by Bob Smalls, a white tenant on James Norton's farm, near Mullins. Mr. Fowler went to Smalls' house to serve a distress warrant. As soon as he made known his business, Smalls, it is alleged, ordered him off. Deputy Fowler replied that he was armed with the law and that he had come for the purpose of closing the business. Smalls went into his house and returned with his shotgun ami fired. The load of No. ?i shot entered Mr. FoWler'l right leg just above the groin indicting what the doctors fear may prove a dangeroVI wound. The wounded man was carried to tiie hos? pital in Florence tonight for treat? ment. i At dark Smalls had not been cap? tured. Istants to Kemain. Tuesday was spent by the new mem? bers of Sumter County's official fam? ily, Sheriff J. EC. Bradford and Clerk il. I.. Scarborough, in going over and ( becking up the retiring officials' books, receipts Icing given when everything was found to be correct. There will be no further changes than the heads in either office. In the sheriff's office Mr. John Epperson will continue Deputy Sheriff and Mr. I>. W. Owens jailer. Mr. Scarborough will make no changes in his office. He will appoint someone in the court hi til to act as deputy for him for th"> present and Will later appoint a deputyy, if he finds it necessary to have one. in a bowling match in the V. M. C. A. tourney held Monday night the Blues defeated the Whites in all three games, piling up a majority of 'J 1 l ins over their opponents. MOVE FOR JIM CROW LAW, Concentrated Effort Looking to Race Legislation in i>i>ttict of Colum? bia Takes Definite Shape, Washington, Jan. ?A concerted movement looking to the passage of a law prohibiting the marriage of whites and negroes and the operation of "Jim Crow" cars in the District of Columbia took definite shape here tonight, when a number of congress? men, including Frank Clark of Flor? ida and J. T. Heflin of Alabama and others, addressed a meeting of Wash? ington citizens on the subject. Billl are now pending in the house introduced by Mr. Clark, to force the Street railway companies to operate "Jim Crow" ears and Mr. Rodden berry of Georgia to prohibit the in? termarriage of the races, and it is to keep interest in them aroused that the meeting was held tonight. About two weeks ago a well known white woman was knocked down, not far from the capitol, and left bruised and bleeding by a negro, who was subsequently caught and is now being tried in the district courts. Accord? ing to those interested in these mat? ters, something should be done at onc e to put bills of this kind into ef? fect without further delay. MASTER'S SALES. Xumber of Sales Made on First sales day el New Year. The Master's sales Monday, the ^ first saksday of the new year, were | very much more numerous than I usual, the following being recorded j during the clay. Master to J. J. Britton, tract of 4 4 acres in Concord township, $1,705. Master to J. H. Clifton, lot on I Williams street, $75; lot of one-eighth (acre near old cotton mill, $75; lot [ near cotton mill, $126. Master to W. B. Boyle, tract of 225 acres three miles north of city, $7, 700. Maste r to D. D. Moise, 21 3-4 acres in county, $110; right, title and in? terest in tract of 14 3-4 acres, undivid? ed 1-3 interest in tract of 12 acres, and right, title and interest in tract of S acres in county, $50. Master to Leo ft Moise, attorneys, tract of 21.1 acres in county, $200. Master to I. C. Strauss and L. E. Wood, attorneys, tract of 10$ acres in county, $i,000. Master to I. C Strauss, attorney, tract of 2.5 acres. 7.5 acres, right, interest and title in 5 acres, and right interest and title in 2 :'.-4 acres in entity, $200. Mast?r to J. H. Clii'ton attorney, tract of 25 acres in Batting Creek township, $4 5.">. Master to John I?. B e, attorney, tract of 77 1-2 acres on Wateree river, $ 15 a. Master to B 1?. Jennings, attorney, [tract of ;'.'? acres in Statcburg town I ship, --?". Master to Betty Lowry, lot in town J of Mayesville, $i<>0. Master to B. J. Bland, lot near city, Master to B. 1>. Jennings, att u m-y, lot in city, $100. Master to W. l. Whltehead, one ac re lot on North Main Street, *$00. Master to Davia I >. Moise, lots on Brooks street and on Central street, j $50. Master to Davis i). Moise, lot on corner of Edwards and Ingram streets, $50. Master to B. 1 >. Jennings, attorney, lot on Hampt. n avenue, S100. Master to j. n. Clifton, attorney, two lots in southeastern part of city, 7 7 5. The split log (hag would prove of Immense service to the city just at this time, if it were used on the streets before they are cut up too bad? ly for it to prOVe effective. PRESIDENT GETS (.OLD MEDAL For Services D?ving to Jewish i 'aase?Makes Speech. Washington, Jan. tf.?President Ts t was the host at a luncheon in the Whit. House today to the execu? tive committee of the B'Xai R'Rith, which pn i nted to htm a gold medal awarded i 'in as the person who con? tributed n 1 st during 11*12 to the "wel? fare of tie Jewish cause." After the presentation of the medal, the Presi? dent made i short speech. He said, in part: "Upon the Jewish people it is not necessars for me to pronounce euio gium. in their pride of their ances? try, thos. ^,f us who are not of the Je wish people have to be humble. The genius, the strength of your race, the patience and the persistency with which you pursue your purpose to maintain your rights and exalt your race make .ours an exceptional his? tory of the world. The persecution to which you have been subjected be? cause of your religion has, in a sense, doubtless de veloped the character and tenacity of your race, but it needs a free country like the United States to develop the flower and enable you to show to the world at large that wonderful capacity of the race as 1 supporters of law and order, in a gov? ernment of freedom and a govern? ment that irsists upon equality before j the law. j "There is not any doubt but that a race like yOnrs, as civilization goes on, will forge .'self to the front and over? come the inequalities and persecutions I that unfortunately continue and exist j in $:ome countries. This is as certain ! as the day, and it is a great satisfac , tion that this movement of the Jews upward and onward, to complete the world-Wide recognition of their merit and to so< si justice everywhere, has had its most successful impulse in this country." i MONEY I <<)(>!> IN MAY YORK. _ Rate Fall? to BcJosr 3 Per Cent as i Result e l Plenitude of Currency. New fork, Jan. 7.?Money is pouring Into New York in such enor? mous volume that the clerks in the large banks are working past their usual houri to handle the golden de? luge. At the treasury offices the strain upon employes is especially heavy ami men are at their desks un? til late into the night sorting out the Unit? i States notes and gold and silver ce tificates handed in for re? demption Currency is coming in from all di " ion?. especially from th3 Middle V * st and South. An influx of money is usual at this season, a hen large sums sent to the interior -a the fall for crop moving are r? le >sed and millions disbursed on Janus y in the heavy first of the year lnt< rest and dividend payments are returned to the usual channels. The tension in the money market of the lattel part ??f last year has dis? appeared and today call loans were made : 1 under 3 per cent. Pres? it condition in the money . market u d the4 recent sharp rise in ? foreign exchange rates were reflected today in the arrangement e-f the first exportation of gedel in many months, one mlllU 'i dollars in gold bars hav j ing be. a engaged for shipment to Eu? re, pe on Saturday. The bankers who made this announcement said that several million dollars more would j be enga- ? d during the next few ! days. The county hoard held its regular month!) meeting in the- supervisors office T. esday. The annual joint meeting with tin." legislative delega? tion, at which matters relating to county legislation will be discussed, will be held en Thursday. Our Greatest Bargain Offer Reading Supply for Whole Year SEMItWEEKLY WATCHMAN \M> SOUTHRON. POt'I/TRY HUSBANDRY. FARM PRESS.I WOMAN'S WORLD. FARM AND FIRESIDE (Tlus National Farm Paper).> This remarkable subscription offer may be withdrawn at any time, therefore do not delay, but forward your order t<> The Watchman and Southron at once. Beeide? getting the Wtaehmnn and Southron twice a week for twelve months, you will receive sixty-two numbers of the . r publica? tions- a full year's subscription on each. Old subscribers may rehew and get this great combination offer. SUBSCRIPTION BLANK Hate.191.... Watchman and Southron, Summ, S. C. Enclosed find $2.00 for which please enter my order for the Semi-weekl\ Watchman ami Southron ami the .thos e four Magazines, ail for a period of 1 year Name. R. F. D.P. O.