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SHERMAN Li* UPHELD. ?'flXHTITl Tlo\ \| i i \ \s \ (TUMI NAii sTATi Ti. raui n M - I'll!Ml * ul KT. H+ntrncrn In Turpentine Trim Set Aei*V i?n Omund ih h Trial Judge ffad Olvcn l r i' mi.--mi-. Instructions In .Inn Washington. June 9.?The consti? tutionality of the Sherman anti-trust law as a criminal statute was upheld today by the t'nlted states supreme court The court net aside the Hcn tencea In the criminal suit against the turpentine trust'on the ground thai the trial Judge had delivered an erroneous instruction to the Jury, but rejected the contention of the de? fendants that "the rule of reason'* an? nounced In the Standard Oil decision made the forbidden acts so indefinite as to make the Sherman law as a ertmlnal statute unconstitutional. "The decision suntnlns the Sherman law," said Attorney General McUey oedda tonight. Active suit for the dissolution of the trust is still pending in the lower courts. The convictions of five officials of the American Naval Stores company of Havannas?the socalled turpentine trust?for criminal violation of the Sherman law were set aside by the court because of an erroneous instruc? tion of the trial Judge. Justice Pttm \ was the only dissenter to the opinion. Edmund S Nash. President of the company had been fined 93,000; J. F. Cooper Myers, vice president, fined 92,(00 and sentenced to Jail for three months; Spenc sf I*. Shotter, chairman of the board, fined 96.000 and sen? tenced to Jail for three months; Oeo. Meade Hoar ?man. treasurer, fined $-, 000, am' Carl Moller, manager of the Jacksonville branch, fined 95.000. All these sentences were set aside. Shot ter'e and Myers' cases were the first convictions for violation of the Sher? man anti-trust law carrying Jail sen? tences to come before the supreme aaurt The trial judge Instructed the jury that a conviction could be had If the defendants were found guilty of "any" of the means charged to effect a mo? nopoly. One of those means, Justice Holmes said in announcing the court's decision, was an offense which would not be a restraint of trade, but mere cheating, punishable by State law. In announcing the coutr's decision Justice Holmes said that the "rule of reason." did not make the forbidden acts so Indefinite as to make the Sher man anti-trust law as a criminal measure unconstitutional. t >nc contention of the convicted of? ficial! V/M that the criminal section of the anti-trust law was unconstitu? tional because the acts forbidden were too indetlnitely stated. While the case has been goin^ on the company has gone into bank? rupt y. Its Office I* charged that the government s attack, among other things, had impaired its credit The convictions which came up from the court of appeals for the Fifth circuit were upon Indictment! ?Heering that the defendants had con? spired to manipulate the naval stores market so that competitor! and pro die . is COttld no! sell except at ruinous priem and had been gollty of various other methods of monopoly and re? strain of trade. The company is un? derstood to control about 75 per pent of the turpentine supply of the world and about 90 per cent of the Ameri Oafl product. Real Estate Transfers. Crummic Allston and Rent .Ten kins to Mitchell Lee I, two tracts ot It and II ac res, respectively, $400. W. T. Rowland to It. A. Burgess, lot on Harvin street, $650. Cecil II. Wilson to D. R McCal lum, Jr.. lot on Harvin street. $4,000. Charles G. Kowland to David C. Shaw, lot on corner of Hampton ave? nue and Sumter street, $2,750. The T. C. Williams Realty Co., to I^ewis Mayrant Jones, lot on Morgan street in Broad Street Place, $300. Mrs. Rosalie T. Marcum to Ralph Hill, lot and residence on South Washington street, $2,300. A transfer of real estate has been recorded from th^ Afro-American Improvement Company to Thomas Wilson a at rip of land along the Northwestern Railroad track, $100. Xumc* Omitted. In the list of names In the attend? ance records published yesterday, the name of Alva Spann, a member of the second grade was Inadvertently omitted. Alva was not tardy during the year. In the same way the name of Har ral Wbilden, who was not tardy, was also omitted. Marriage License Rcocrtl. A license to marry was granted to Mr. Robert T. Drown and Miss Mil? dred Lee Hall. The rainfall Sunday night was gen? eral and abundant, making up for the deficiency of the past few weks. Dl NN MI ST SHOW ASSETTS. Referee In Bankruptcy Alleges Con? cealment ol Property, Alken. June 10.? Papers demand-1 Ing that B. Sherwood Dunn, president of the bankrupt interstate Trust com? pany, produce assets to the amount of $110,000, Which Cant. \VW. Wil? liams, referee In bankruptcy, alleges that Dunn has concealed, were served today ?ui Dunn by order of Capt. Wil? liams. This action mows out Of the invol? untary bankruptcy proceedings In connection with the Interstate Trust company, Which owned the Citizens' Trust Company of Augusta, because of the failure of which institution Dunn has been indic ted in Georgia on a charge of violating the banking laws of that State. Capt Williams alleges that some time ago Dunn swore In the presence of his attorney that the Interstate Trust company owned assets amount? ing to $.'150,000. Named in the sched? ule were several thousand dollars worth of household goods, books, tap? estries, brie-a-hrac, paintings, bank fixtures, etc., most of which were said to be in the magnificent Alken home of tho Dunns on Hayne avenue. Three or four months ago United States Marshal Adams came to Aiken from Charleston and, acting upon in? structions from the United States court, took possession of the Dunn home. The Dunns have been per? mitted to occupy the house since then, boWeVdr, until yesterday a 'sale was held on the premises under direction Of the referee in bankruptcy. Goods to the amount of from $:100 to $100 were sold. It had been advertised that the sale would continue from day to day until all the goods in the house wore sold, but Capt. Williams has called off the continuance of the sale, stating this morning that it would be postponed until other goods, named as assets, were located. He claims that certain valuable goods have been removed from the Dunn home, and has taken action to compel Dunn to produce them. Criminal action may follow. The physical connection between the Atlantic Coast Dine and the South Carolina Western has not yet been made. The delay is due to the reluc? tance of the officials of the latter road to sign the agreement required by the city under the terms of which the South Carolina Western assumes re? sponsibility for damage to the sewer line where the South Carolina will cross Green street. WRAPPED IN SUFFRAGIST FLAG. - Body <>r Emily Dry toon to Be Bqried with Dm? c<vemony. _ London. June 9.~?Miss Emily Wilding Davidson, tin militant suf fragette, who died from Injuries re? ceived while interfering e/lth the run ning <>f the Derby, will be burled at her home, Long Horsley, Northum? berland, on Saturday. The body has been wrapped In a suffragist banner and a suffragist badge has been plac? ed in the coffin. The. Women's Social and Political Union Is arranging an Imposing funeral procession across London and a memrolal service is to be held at the headquarters of the ;militant oranlsatlon. The suffragists have dispatched this message to King George "Consti? tutional methods of approaching our King having failed, and Miss Emily Wilding Davis having given her life to the Womens' passionate demands for the franchise, we ask the King to give serious attention to this ap? peal of womanhood." AT WOOD IS MISSING. Noted Aviator Has Not Yet Been Lo? cated. SandUsky, Ohio, June 10.?Harry Atwood, the aviator, who left Ecorse. Mich., in his hydroaeroplane this af? ternoon for a trip over Lake Erie to this city, had not reached here at 9.30 o'clock tonight. No word has been received as to his whereabouts and his assistants were alarmed as to his safety. , lift Chief R, E. Wilder has returned | from Abbeville, after securing con? venient quarters for the men and team from Sumter, who will go to the State Fircmens* Association meeting and tournament. Chief Wil? der reports the fact that there will be quite a number of cities to tontest for the honor of entertaining the firemen in 1914 and Sumter will have to put out some strong inducements to get the next association meeting here. Returns From West. The State. D. J. Rhame, State bank examiner, has returned from St. Paul. Minn., where he attended the annual meeting of the National Association of Dank Examiners. "The trip proved very beneficial," said Mr. lihame. What makes a Congress mad and a nation glad is a president who so forgets precedent as to "meddle."? Cleveland Plain Dealer. COURT OVERRULES DEMURRER. ?I When < itso is Called Defendant With? draws Demand for Haste. Post? ponement Result*. Augusta, Qa., June 9.?The demur? rer of B. Sherwood Dunn of Alken and New York, director of the Citi zens' Trust company, was overruled by the Supreme <'ourt here today ami the ease wan ordered for trial under the indictment. Dunn's counsel there? upon withdrew their demand lor im? mediate trial and the ease goes over for hearing until next term of su? perior court. Dunn later gave notice of appeal to the supreme court. S. H. Myers, a local attorney who was indicted after the failure of the Citizens' Trust c ompany last summer, tiled a demurrer which was sustained in the court this manning and the in? dictment was dismissed. The Indlct I ment charged that Myers, as a di? rector of the Citizens' Trust, rec eived moneys from depositors after he knew the institution was insolvent. The court held that the defendant could ' hot he tried for rece iving money whic h he did not receive, and, accordingly sustained the demurrer. DATES FOR ENCAMPMENT. Commanding Officers of Three Regi? ments Decide on Annual Maneuvers. A committee consisting of W, W. Lewis, colonel of the First regiment; Julius H. Cogswell) colonel of the Third regiment and Capt. A. E. Le gare, representing Chas. T. Lipscomb, colonel of the Second regiment, meet? ing yesterday at the State house, de? cided upon the following dates for the encampment of the regiments of the National Guard of South Carolina: 1 Third regiment, Alken, July 1? to 16. First regiment, Anderson, July 21 to :;o. Second regiment. State camp, July J'.t to August 7. This action will he sent to the gov? ernor, the commander-in-chief of the National Guard, today for his con? sideration. Smallpox is reported to he pre? valent in Bhannontown, a negro su hurl), south of the city limits. There .'ire rumors of the organiza? tion of another country club, for so? cial purposes, similar to the one now operated at Second Mill. Indications arc that the lobby is to be revised downward and outward. New York Press. BLEASE FAVORS DANIEL. Would sch-ct Rev. W. R. Daniel. Pre siding Elder of Ch.trlcston District, as President of l'r?ivcrslty. Columbia, June 10.?The gov? ernor attended the* annual meet? ing yesterday of the hoard oi trustees of the University of .South Carolina, of which board he is ex-of li< io the chairman, but left the meet? ing at t.no ]>. m., explaining that he was under engagement to attend a meeting, appointed for that hour of the State military hoard. The governor stipulated that in cane the board after his departure should go Into the election of a pres? ident of the university, vice S. C. Mitchell, resigned, his vote should be recorded as east for the Rev. w. B. Daniel, presiding elder, Charleston district, Methodist Episcopal church. South. The board did not go into the. election of a president. SENT OBJECTIONABLE LETTERS Demented Man Wrote to Go v. Blease, Secretary Bryan and Teddy Roose? velt. Philadelphia, June 9.?Charged with sending obejctionable letters to Theodore Rosevelt, John Pryor of this city was taken to the Philadel? phia hospital today after a hearing before United States Commissioner Craig. Physicians testified that tho man is demented. A search of Pryor's room revealed that fact that Pryor had written somo to Secretary Bryan and Gov. Blease of South Carolina, TO PLEAD MILLER CASE. Mr. L. D. denning*. Will Appear In I'nited States Supreme Court. Mr. L. D. Jennings has been admit? ted to practice before the United States Supreme Co irt and will ap? pear before that bod/ some time this ! fall in the J. H. Miller case. The case has been taken to the United States Supreme Court on a writ of error by the attorneys for the A. C. L. railroad and as Mr. Jennings is one of the at? torneys in the case he will appear at that time to argue for a dismissal of the writ of error. If at this hearing the writ of error is dismissed the railroad will have to pay the verdict of $35,000, while if the writ is upheld, the case Will be taken up in due course of time which will probably be about two years la? ter ============ THAT'S THE ============================ Big Schwartz Cost Sale A Sale inaugurated years ago and made FAMOUS by us?Now so popular?Will Begin WEDNESDAY MORNING, 8:30 A. M. Lasts for 5 Days. Get your lists ready. Come here! Get just what you want from any and everything in our store during this OUR ANNUAL PROFIT GIVING SALE AT THE SCHWARTZ COST PRICE. Wednesday, Thursday, Friday, Saturday and Monday. The 5 Big Ones?You Are Invited. SCHWARTZ BROTHERS, Sumter, South Carolina