The watchman and southron. (Sumter, S.C.) 1881-1930, May 17, 1913, Image 8

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CLASH OVER TARIFF BILL. fcEXATOR SIMMONS AND I* EX ROSE HAVE ORATORICAL BATTLE. Penrose Amendment the Cause of He bate sill be Dt?cu??ed Again Ttalay ? Pen>r??c Refers to Adoption of Hill am live. "Munier of American I ml um try." Washington. May 13?Senator Sim? mons, chairman of the finance com? mittee, and Senator Penrose, leading the Republican fight to refer the Un? derwood bill with instructions for public hearings, delivered oratorical broadsides agu.'n?* each other in the senate today In rebate on the Pen rose amendment, .vhlch will be re? sumed tomorrow. Senator Penrose likened the secret caucus of the tariff bill to the "meth? ods of the Spanish inquisition" and brought laughter from both sides when he described the caucus and de? clared nc one wss present to witness the "murder of American industry." Senator Simmons declared that If the Democratic purpose to eliminate hearings could be called reprehensible It was the first time the Democratic t?arty had copied the methods of the Republicans, and he argued at length why public hearings were not neces? sary, averring that they were not even demanded. During the debate Senator Penrose ' referred to Senator Simmons' attitude on the lurcher schedule four years ago when the Payne-Aldrlch bill "Was urder consideration. Senator Simmons answered that the Underwood bill pro? vided for everything he advocated four years ago it lumber waa to be placed on the free list. "That being so," hi Said. "1 will vote with pleasure for free lumber." Senator Brlstow offered an amend? ment to the sugar schedule providing tor graduated reductions for two three-year periods, at the end of which time refined sugar would be taxed at 1.17 l-I <*ents per 100 pounds and Cuban sugar at $.0972. When the Kansas senator had concluded an attack on the Democratic bill, Sena? tor La Kollette proposed an amend? ment to the Penrose amendment di? recting public hearings. Senator Bacon then moved that the senate go Into executive session. This wss objected to, but prevailed, 48 to 34, Senators La Toilette and Works voting with the Democrats. This forced further consideration of the tariff over until tomorrow. Senator La Follette's amendment, which was accepted by Senator Pen rose, provides that manufacturers who might appear or file brlefa before the finance committee be required to an? swer under oath 16 questions relating to the commodity they manufatcure, the raw materials used, the amount of production and consumption of the commodity In this country, the num? ber of concerns engsged in its manu? facture and their Identity, the market prices In this and competing coun? tries, the cost of production in this and competing countries, percentage of labor cost here and abroad, what part of the existing tariff duty repre? sents difference in cost of production here and abroad, and what part of the tariff duty represents profit of the American manufacturer. President Wilson haa taken the po? sition that he ought not to commit himself ,n any way with respect to numerous minor amendments to the tariff bill being suggested by Demo? crats. Secretary Redflebl had a half hour's talk with the president before the cabinet meeting today and de? clared he believed unimportant changes would be made, but that if the president consented to certain ones he would be besieged with re? quests to open up oth?-r schedules. Secretary Hedfleld said since it had become known that an Inquiry was to be made Into the wages and in? dustrial conditions in connection' with the tariff bll.\ some requests had come from manufacturers themselves in? viting instigation. These, Mi Hedfleld dec lared, were based, how? ever, n i the belief that the In? quiry would be the basis for tariff rates than an examination as to the effect* of the roll after ,t had be. onm law. Senator Thomas admitted during Die debate that bis oatement to tin senate last Friday that luhorers in the Western beet fields reeelvd cents per dsy was incorrect He said that he found olnlt lahoiem in tlnne fields were paid from IL.'.o to $ dsy, but thst women ami ? hltdres received much lens. Senstor Smith of Mhhigun. refer ring to I hat? h of telegrams whe h he said, csme from beet raisers in the West ri 111. .i that, i oroinfj lo figure* In tum. laborers received from 12 0 to | t |?. r day He added thst the fact that Senator Thomas. u> member of th?? finance committee, r.dmltted that he h ? l made sin h a mistake was a good reason for holding hearing.* on the bill. "It was Just such inaccuracies as tins, the la? k of reliahle Information that prompted me to Muggest that we QSJgtl! Ig have hearings, ' said Mr. Smith. WILL SIGN ANTI-ALIEN BILL. CALIFORNIA GOVERNOR I.X CLAINS Itl.ASON TO BRYAN, I'l evident WUsOIl Hud ItcqUCStCd Gov? ernor to Delay Action or to Veto Message?Is h LoOSl Problem Ami Hill In NccoVI For PlOSOllloa or State Says Johnson?The Two Shies of The Question. Sa< ramento, Cat, May 14.?Ex? pressing his determination to sign the alien land hill recently passed by the legislature. Gov. Hiram W, Johnson of California today telegraphed to sec? retary Bryan of the state department a long explanation of the action taken by the legislature. The message was in answer to the request telegraphed to the governor by Secretary Bryan I at the direction of President Wilson that the bill be vetoed. The governor's message follows: "Hon. William J. Bryan, "Secretary of State, "Washington, D. C. "Your very courteous telegram re? lating to the alien land bill reached me late Sunday night. 1 take it from our conversations and your request made to me to withhold executive ac [ tion until opportunity was accorded for presentations from the federal government, that your mess, ge em? bodies what it was your wish and the wish of the president to say to us before final action. "In this response it is my desire most respectfully to present the sit? uation from our standpoint and the views that actuated nur legislature In passing the bill and that impel me to sanction it. "For many years a very grave prob? lem, little understood in the Fast confronted California, a problem the seriousness of which has been recog? nized by statesmen in our nation and has been viewed with apprehension by the people of this State. When the present constitution of California was adopted more than 30 years ago, It contained tb. following declaration: 'The presence of foreigners ineligible to become cltlsens of the United states is declared to be dangerous to the well being of the State and the legislature shull discourage their im? migration by all means within its 1 power.' "Of late yeais our problem from another angle 1 as become acute and Jthe agiatlon has been continuous In the last decade in reference to our agricultural lands, until finally af? firmative action in an attempted so? lution became imperative. This at? tempted solution is found in the ac? tion of our legislature In the proposed allen land bill. In the phraseology of this bill, in those whom it affects in its scope and in its purpose, we believe we are within our legal and our moral rights and that we are do? ing only what is imperative demand? ed for the protection and preservation of our State. In the enactment we have kept ever in mind our national good faith as evidenced by existing treaties; and our desire and anxiety have been to act only in such fashion as would commend u3 to our fellow country? men. "The objections to our bill are based, first upon the treaty obliga? tions of the nation, and secondly, upon the assertion that our act is of? fensive and discriminatory. The pro? test to our measure, as your telegram states, comes from the representative of Japan. The bill that is now before me provide.* substantially in its first section that all aliens eligible to citi? zenship under the laws of the United Stares may acquire real property in the same manner us citizens of the I'nlted States and the second section provides that all aliens other than those mentioned In the first section may acquire real property in the man? ner and to the extent and for the purpose prescribed by any treaty now existing between the government of the United States and the nation or the United States and the nation or Country of which such aliens are citi? zens or BUbJOOtS and may, in addition lease for a period Of three years la mis for agricultural purpose. "Thus, we have made exisitlng treat? ies a part of our Law and thus we have preserved every right that any for? eign nation by international contract bus insisted upon preserving with <>ur national government, "The treaty of Itll with Japan, In reference to the cltlsens nnd sub lects of such country, provides lhal they shall have 'liberty to own, or lease, or occupy houses, manufec torlea warehouses and shops; to em Ploy agents of their choice, to lease land for residential and Commercial purposes ami generally |o do anything incident to or necessary for trade upon the same terms as nutlve ? iti aens or subjects, submitting them* selves to the laws ami regulations there established.' 'We assume that the right 0 Japanese to own real proper!) for I he put post- described is ab? solute In our State and we seek to deal only with our agricultural lands. We embody the treaty In our law and We add to it permission to lease our ?? t II" jl agricultural lands for the period of three years. "Whore such extraordinary care has been exercised to preserve honor and k<?? 1 faith, in the very words of th ? contract made by the protesting nation with our own and to do more by authorizing leases of agricultural lands, it would seem that we ought not to be open to any accusation of violation of treaty rights or of de? sire to trench upon that Which be? longs alone to the national govern? ment, or which might become a mat? ter of international policy. "By the law adopted we offer no of? fense; we make no discrimination.! The offense and discrimination is con? tained, it is claimed, in the use of the I word "eligible to citizenship," and in making a distinction between those who are eligible to citizenship and j those who are not. We do not men? tion the Japanese or any particular race. The constitution of California in 1879 made its distinction and there' never has been protest or objection The naturalization laws of the United States long since, without demur from j any nation, termed who were and who were not eligible to citizenship, j If invidious discrimination ever were imade in this regard, the United States made it when the United States de Mared who were and who were not eligible to citizenship and when we but follow and depend upon the stat? utes of the United States and their determination as to eligibility to cit? izenship, we can not be accused of indulging In invidious discrimination. May I venture to call to your atten? tion the immigration law now pend? ing in congress, which passed both houses of the last congress, where ap? parently classes w ho shall be excluded from our country are described as 'persons who can not become eligible j under existing laws to become citi? zens of the United States.' "At this moment the national leg? islature, without protest or objection, indeed, it is published in California, by express consent, is using the terms . that are claimed in California's laws to be offensive and discriminatory, j "At least three States in the Union have in the past enacted laws similar |n the contemplated law ol Oatifornia and the enactments of those other States have been without objection or protest. That the protest is now made in. respect to California but .empha? sizes the Muteness of the problem confronting California and demon* strates that California Is differently viewed than other States of the Union and that if discrimnation exists it is discrimination against Californa. "We insist that justly no offense can be taken by any nation to this law and more particularly does this 1 seem to us clear in the instance of a nation like Japan, that by its own law prevents acquisition of land by aliens. It is most respectfully sub? mitted that, after all, the Question is not whether any offense has been tak? en, whether justly it should have been taken. I voice, I think, the sen , timent of a majority of the legisla? ture of this Seate. when I say that if it had been believed that offense could justly be taken by any nation to the I proposed law, that law would not , have been enacted. "We In California believe firmly that In our legislative dealings with this alien land question we have vio? lated absolutely no treaty rights. We have shown no discrimination we have given to no nation the right to be Justified in taking offense. So be j Having, with a strong reliance on the Justice and the righteousness of our I cause, and with due deference and courtesy and with proper considera? tion for the feelings and the views of Others, we had hoped the authorities at Washington would have seen the question as we in this State have been forced to See it, as we must see it or be blind. "As so, with all respect the COUr , tesy, the State ot California feels it Its bounden duty to its citizens to do that which the Interest! Of its people de? mand; that which the conscience of Its people approves; that which vio? lates no treaty rights; that which pre? sents no discrimination and that which can give no ju.st cause of of? fense. "You have suggested to me delay, but this question was very earnestly and fully presented by you to our legislature and the legislature de? termined to proceed, My province is to approve or to disapprove the law as presented. ?mr people, as repre? sented In tin- legislature, have over? whelmingly expressed their desire for the present alien land bill. The vote I m the senate was 36 to l and In the assembly 12 to 3. With such unanim? ity of opinion, even did I bold other views, i would f.-?-; it my duty to sign' the bin unless ? ime absolutely con? trolling necessity demanded contrary action. Apparently no such controll? ing necessity exists. "it is with the highest respect for yourself and the president that I feel my duty to my State compels me to approve the action of tin- legislature, (Signed) Hiram Johnson, "<loverndr of < lallforhla " -, Mr Arthur Brallsford, of sumuicr lon, was In the rit\ Wednesday? TORNADO DEVASTATES CITIES. DESTROYS MORE THAN A THIRD OF SEWARD, NEB* Font- Other Towns Said to Havre .Been Wiped out?Known Dead Num hers Ten. Sewnrdi Neb., May 14.?A tornado which took a (oil of 10 lives, injured 80 odd persons and destroyed more than a third of this town, occurred shortly before 0 o'clock this evening. Twenty-two residences were destroyed and many more were partly wrecked, but the business portion of the place did not greatly suffer. The tornado struck the residence portion of Seward and swept every? thing in its path. Most of those kill? ed were caught in the wreckage of their homes. The tornado after passing through Seward continued to the northeast. Reports tonight say that the towns of Tomaro, Lushton, Grafton and Mc? Cool Junction were wiped out. Four persons are- reported killed at Tomaro and several at McCool Junction. Utica was in the path of the twisier. Before the last telephone wire went down an appeal was sent to Lincoln to send physicians and undertakers. Reports from surrounding sections indicate that the effects of the tornado were felt over a wide range of terri? tory. The tornado was followed in Seward by a hail and rain storm. Tonight the town was without lights. REPORTS OF DISASTER. Stories of Tornado's Work Pour into Omaha. Omaha, Neb., May 14.?Officials of the Nebraska Telephone company In this city were notitled early this evening that, a tornado at Seward had resulted In 12 deaths and 50 per? sons being injured, several of them ( fatally. The town is said to have been almost destroyed. A series of tornadoes which had their climax at Seward struck the towns of McCool) Lushton and Graf ton, east of here, just before tj o'clock tonight. Numerous buildings ware demolished, but thu total number of casualties is not known. A storm of great force struck the southern part of Omaha at 7 o'clock this evening unrooting many houses in the vicinity of Thirteenth and Gold streets and doing other damage. No persons is re? ported injured. Coming so quickly after the Easter tornado, in which more than 100 lives were lost, tonight's storm caused many hundreds of South End inhabitants to rush to cellars and other places of refuge. Three inches of rain fell in the downtown district. BUILDINGS WRECKED. Tornado Causes Damage hi Chatta? nooga, Okla. Chattanooga, Okla., May 15.?Sev? eral buildings, including a bank, church and school house here were wrecked during a wind storm late to? day. The property damage is esti? mated at $25,000. No one was hurt. Reports from the surrounding country tell of serious damage to crops. WILL PRINT "THE SUFFRA? GETTE.'* If Ramsey Mucdonald is Prosecuted James Kler itardie will Succeed Him. London. May 13.?In the fight against the government for a free press, the labor party, after mature I Consideration, has decided to adopt a plan which is new to England but has been found efftective by German Socialists In combating stringent press laws. Should the government proasei 'o James Ramsey Macdonald for print? ing The Suffragette, he will b^ suc? ceeded as manager by James Kier Hardle, who In turn will be followed by other labor leaders, until the gov? ernment Is forced to capitulate. These two labor members of pur* llament announced yesterday their readiness to undertake the responsi? bility of printing The Suffragette, con? tending that it Is illegal to suppress newspapers In advance. WILL SERVE AFTER IS YEARS. Former Ashevllle Hanker Under Two-Year Sentence, Ashevllle, N. C, May 13.?Seven? teen veins after commission of the offence, Joseph E. Dlckerson, director of the defunct Flrsl National Bank, of this city, found guilty sixteen years ago of conspiracy jn connection with tin- bank's failure, is to serve a pris? on term Both he and Major W. R. Breese, president of the bank, were convicted and theh punishment fixed at two years in the p?mt?t?rbti^, T^ day Dlckerson was formally sen fenced and placed in the cthtfodj of the marshal! He will be taken to At? lanta tomoi row. LIQUOR MAY BE IMPORTED INTO THIS STATE FOR PERSONAL USE SAYS COURT. However, State Has a Right to Pro? hibit LtCJUOr from H?ing Shipped Into its Borders*?Csse from Rich lend county Bringe up Question. Columbia, May 15.?That there Is no statute by the State of South Car? olina prohibiting the importation of whiskey from another State for per? sonal use and that the Webb act gives the State the right to enact .such a statute, If it so desires, is the decision of the supreme court in deciding a! case testing the constitutionality of the Webb act which was passed by congress, withdrawing the protection of inter-state commerce from whis? key shipments from one State to an ! other. The supreme court held that the old dispensary act forbidding the ordering of whiskey for personal use from other States, having been de? clared unconstitutional, before the ' passage of the Webb act, could not be vitalized by the passage of the "Webb act. "It is not the intention of the I Webb act to interfere with the pol? icy of the State In regard to the im? portation of liquor but merely to pro? vide that the enforcement of a State statute would not be interfered with i or hampered by the interstate com? merce laws," says the decision. "In other words, the act in this respect is passive," continue0 the de j cision, "while it is incumbent on the i State to enact legislation of an SC? * tive nature if they are "desirous of prohibiting the importation of liquors for personal use or other purposes Hut even if congress had undertaken to give validity to an unconstitutional State statute it would have been be I yond its powers. i "While the legsislature can not pass an act, validating the provisions ol [ the dispensary statute which we have declared to be unconstitutional, so as i to give it a retroactive effect, it, nevertheless, has the power to adopt a statute with similar provisions hav? ing a prospective effect, prohibiting alcoholic liquors from being import? ed into this State. "Such a statute would not contra? vene any provision of the United States constitution. As we have al? ready said, the recent act of congress divests intoxicating liquors of their interestate commerce character and ,invests the respective States with power either to prohibit the importa? tion absolutely or allow it only for sale and use through a dispensary, i The classification of the counties, so ' as to allow the sale of liquor in some of them while it is not prohibited in I others, would not be violative of sec 1 tion 1 of the 14th amendment to the constitution of the United States J which provides that no State shall j deny to any person within its jurisr ! diction the full protection of the laws." The case arose in Rlchland county through W. W. Atkinson bringing a suit to secure an injunction against the Southern Express company from enforcing Its order refusing to deliver j shipments of whiskey in South Car tolina for personal use. The injunc? tion was granted by the court, the decision being written by Chief Jus? tice Gary and concurred in by As? sociate Justices Woods, Hydrick and Watts. Associate Justice Fraser says: "I concede that the above statement so strongly made is correct, but I j dissent from the judgment. The reg? ulation complained of in the petition refers exclusively to interstate com? merce, and I think this court has no Jurisdiction to Interfere." A test case was brought under the same conditions in Kershaw county and the court granted the Injunction in this case on the same grounds as ; that from Rlchland. MRS. LONOSTREET AGAIN. May Accent Position in Oflice of For? mer Union Soldier. Washington. May 13. ? Denied re appointment as postmaster at tlames vilie, Ga., by the Democratic adminis? tration, Mrs. Helen D. Longstreet, widow of the famous Confederate gen? eral, has been offered a position by a former Union soldier, Mrs. Longstreet said today that Col. Albert B, Boone of Clarksburg, W, Ya.. had offered her a place In his office at $3,600 a year "If I llnd that I feel fitted to do the work In Col. Boone's oflice," she added, "1 shall accept his otter in the same spirit in which Gen. Longstreet accepted a commission from Presi? dent Granl when he found himself an outcast m the land Whose battle Hugs he ha<l followed with supreme devo? tion." The fanners state that there In -till a great deal of cotton wrhi< h has not yet come up. mote ram being needed to bring it OUl of the ?round. Ip Monte sections tmnh of ebt j o|tgnfWap planted over, while elsewhere the farmers are waiting to see if rains will not bring up the seeds which have been planted. STATE DEPARTMENT'S VIEW. BRYAN Ml'st assail OR DEFEND CALIFORNIA'S anti-alien LAW. ? Course of Federst Government in Matter Being Awnllod With Interest ?Which Side Will Be Taken in Ne? gotiations With Japan. Washington, May 14.?With Gov. Johnson's announcement today that lie would sign the California ali?*n land hill in spite of the federal ad? ministration's appeal for a veto on account of the Japanese protest, it now becomes necessary for the S^ata department to determine whether it will proceed with the negotiations with the Japanese government on the basis of defending and sustaining the right of the Californians to deprive the Japanese of the right to hold real property, or whether it shall concede thai the act violates the spirit if not the letter of the treaty with Japan and attempt to find means of nullify? ing it. In his message to Gov. Johnson, President Wilson expressed the opin? ion that the legislation is discrimina? tory, so that the Japanese con? tention that the act constitutes dis? crimination in violation of internation? al law and of the spirit of the treaty, is powerfully supported and the posi- * tion of the state department made dif? ficult. Should it be found necessary to champion the cause of the Californ? ians, the first thing to be done will be formally to notify the Japanese embassy of Gov. Johnson's action. In the ordinary course of negotiations the Japanese government would reply that as it is prevented by the consti? tution of the United States from nego? tiating directly with one of the Amer? ican commonwealths, it must hold the national government responsible for anything that may occur in California to the detriment of Japanese resident*. Probably, with the exchanges as a preliminary, the two governments will begin negotiations in earnest to define the status of the citizens of each country resident in the other on a satisfactory basis. It is hoped here that this can be accomplished diplomatically by nego? tiation of a new treaty. If this hope should not be realized, then recourse might be had under the terms of the special arb'tration treaty of 1908, to The Hague tribunal, though how the United States government could en? force the California law is at present a grave problem. Secretary Bryan, who was an honor guest at a dinner at the Spanish le? gation tonight, left for New York on a midnight train to attend the ban? quet there tomorrow night of the Pan-American society. Consequently, it is not expected anything will be done in pursuance of the negotiations until he returns to Washington Fri? day. Gov. Johnson's telegram \q Secre? tary Bryan, giving notice of his in? tention to sign the land bill and out? lining the California attitude was re? ceived at the state department tonight after the secretary had left his of? fice. It was made public later at the White House without comment. NEGRO DESPERADO CAUGHT? i W. Jackson Thinks He lias Richard Austin, Wanted for Bloody Crimes. Parnwell, May 14.?W. C. Cathcart, chief of police of Columbia, received a letter last week signed W. Jack? son, Toledo, Ohio, to the effect that a man who says his name is "DicV Austin is in that city and that the writer believes he is the negro want? ed for the attempted criminal assault on a white woman at Luray and the murder of three white men and the wounding of two others week before last. The letter was referred to sherilY J. B. Morris of this county, and is as follows: ?To the Sheriff of Columbia, S C. "Dear Sir: The man Riehar? Aus? tin that Gov. Blease offers *?r>0u tor 1 believe is here in Toledo. He told me his name was Dick Austin. Our identification department has no rec? ord of him. Would >'ou send picture of him or something to identify him oy. Please advise nie what to do in the case. "P. S If you are not the proper ?ei son to handle this kindly turn it over to the proper person, as it should o?. acted on at once. "Yours respectfully, "W. Jackson. M321 Cincinnati Street. Toledo, ?. Although it is hardly probable that ibis \h the Hampton desperado, Sheriff Morris wired Jackson to hold the sus peet and that a full description of lti< hard Henry Austin would follow by mail. <>ne thing that is necessary for the city is good tire apparatus and plenty of it. The liremen cannot be exported <?? ^y n*^ untys* \hv\ haw K^tb^ietic hT';ib^tjii'gi apparatus to use. There is urgent need Jtiet now tot several hundred feet of good hose for the department, and the city should get it