Historical Newspapers of South Carolina

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Attorney General Peeples Muddles Militia Situation Issues Opinion That Blease Order Muster? ing Out the National Guard Was Legal. Effect of Opinion Will Be to Prevent Holding Milita Encamp? ments This Summer, as the Matter Will Now Have to Go to the Courts for Adjudication Before State and Federal Funds Can Be Paid Out. Columbia. June 29.?In an opinion ?Wen out today Attorney General Pseples holds that the regimental of ?cars of the three former regiments cannot be must red out of service and that the proclamation of former tlov. Blasse, under date of January 11th. 191ft. muttering out snd discharging the National Guard of the State was legal. On January 22. 1915 Gov. Manning issued a proclamation declaring the erdera of Former Gov. Hlease Illegal and void and declared that the Na? tional Guard was still an organisa? tion. Military authorities here state that ths opinion of the attorney general will have the effect of nullifying the orders for encampment* of the First regiment, at the Isle of Palms, from July 29 to July 3D and the Second regiment, st Greenville, from July 7 to July 17. because the comptroller general will not honor warrants for the paying out of State funds, nor the United State* disbursing officer. MaJ. J. Shapter Caldwell, federal funds to the National Guard for any purpose until the matter receives final adjudi? cation In the courts. Ten officers, only. In the First and Second regiments are effected by the opinion of the attorney general and they are the ones recently elected. Should the courts uphold the opinion of the attorney general the old offi? cers would automatically resume com? mand of their organisations. Should the governor decide to renumber two reetments, say the 4th and 6th. then necessarily new elections would have to be held for regimental officers elim? inated by ths order. Should the c< urta hold that the or? der of Former Gov. HI ease Is legal and that of Qov. Manning Illegal, then the State of South Carolina has no mtlltla organised or unorganised, think military authorities. t V( A M I'M KM It M>S WMKAUI.K Comptroller ami Disbursing Officer Will Honor Warrants, Gen. Moore Kay* sral Order* sjand. CColumbla. June 30.?W. \V. Moore, adjutant general, said last night that the National Guard encampment would aseurrly be held this summer. In accordance with the orders already Issued; that of th?? Sec ond regiment at Greenville. July 7 to 17; that of tho First regiment at the Isle of Pnlms. July 29 to 30. Ths adjutant general said he had consulted tho comptroller general, who had said he would honor war rarts upon the State funds drawn in accordance with the apportionment mats recently by the military hoard. The federal disbursing other also will, accorning to the adjutant gen? eral, pay out the funds in his charge according to the orders Issued from the adjutant general's olllce. I \< \MPMI\T OKDKIt ISSI |;|>. Second Regiment Will Mobilize at Pointer und t idumblu for TrHJI <o Grcrm ifle. Columbia. June 29.?-The office of ths Adjutant General has Issued or? ders governing the transportation of ths Second regiment to Greenville for the encampment to be held there July 7 to July 17 Inclusive. Two spe? cial trains will be operated out of Co? lumbia. One over tho Southern rail? way bearing the ??goad hell ili??n und the regimental Infantry er till leg*** this city at 7.30 A. M. July 7th, ar? riving In Greenville at U'.to P, M. The other bearing (ompanles A. TJ. C, I?. I, K. and L will leave Sumter at 9.45 A. M., the same day OYOf t Ml Coast Line, arriving In Columbia Si 11.10 A. M. and Greenville o lv M. Sumter will be the point of mob? ilisation for the eompenlos of ins eosst and the IV.? I>sg and L'olgRI bla f'?r th?- local battalion and the company from i >r mgshui g, I II \\\ N I N I H INsWF, Mental BsfWt lOJTI Mogftafl of Stan? ford White Was \<* of Sttnc Man. New York. June 19.?Dr. ChoHes Bancroft, superintendent of the New Hampshire State hospital testified to? day that Harry Thaw was SjOVSf nV ssne. He declared that the slaying of Stanford White wan tin- art of a ssne man. NEWS FROM II ARVIN. Good Oieer Roy to Re Cclobratod at Plnewood?Mr. and Mrs. Brogdon Homo From Hiital Tri i>?Former Citl/en Visiting In South Carolina. Harvin, June 29.?Monday, July 5, 1915, is good cheer day at Plnewood, I I Clarendon county, and an elaborate programme has been prepared and published, giving in detail the follow? ing: Good Cheer Day. In full 24 hours. Monday, July 6, 1915, at Pinewood, Clarendon county, S. C. - I*rogram. 10 A. M.?Basebull Summerton vs. Plnewood. 11.30?Speaking by Senatorial can? didates and music in school auditor? ium. 1 P. M.?Barbecue dinner with oth? er meats and entremcnts will be serv? ed by the ladles of the Baptist church. Price, 60 centa for all you want. Cake and cream extra. Refreshments and ices will be served, during the day in the nearby grove. 5 P. M.?Baseball, Summerton vs. Pinewood. Dark?Au revoir. A very large crowd Ir expected at this* meeting both from Sumter and Clarendon and adjoining counties, for in addition to the programme the sub? ject of a portion of Clarendon county leaving and Joining Sumter county will most likely bo discussed, along with other timely topicr A vacancy exists In the State senate from Clar? endon county and the candidates for this office are Invited to be present and address this gathering. The hospitality of the good people Of Plnewood and the community thereabouts is known far and near and those who may be so fortunate as to be present on this occasion will never have cause to regret, but will congratulate themselves at an oppor? tunity to bo the recipients of the gen? erosity of this most magnanimous, liberal, big-hearted people. Ml*s Minnie McFaddin, who but been visltlug her sfster, Mrs. Kate McFaddin, here has returned to Man? ning. Miss Lillian Hudora Brogdon and her brother, Mr. Sam John Brogdon, will give a week-end house party to a number of their young ft ?s in Sumter and Manning this week. Mr. Jako Brogdon, accompanied by his bride, who was formerlly Miss Louise Mann, of Lyon, Ga., after .spending their honeymoon In the mountains of Western North Carolina have arrived at home. Miss Minnie McFaddin, and Miss Sudie McFaddin of Manning, accom? panied by Mrs. Ben H. Harvin, of llarvln, are spending the week-end In Columbia, visiting Mi s Maggie Mc? Faddin, sister of Mrs. Harvin. Mr. George McHlveen, of Dallas, Texas, who left Clarendon county more than thirty years ago. Is visit? ing his sister in Sumter, and his old comrade and relative, Capt. Richard Harvin Davis, of Manning. Mr. Mc Fdveen says Texas is a fine State and that the cotton crop there has been greatly curtailed and that its condi? tion in his section is fair to good. Kvery farmer in this section is re? joicing at an opportunity to work tho already thirty day late crops for the rains ha\e been torrential and al? most incessant since the Ifth of April. STATE COURT TRIES MEN. No Military Trial for Men Arrested Near Slaton's Home In Atlanta. Atlanta, June 29.?State courts to? day assumed Jurisdiction over the cases of the If men arrested by tho militia early Saturday near former QoV, Slaton's bogftC and held in the county jail. Decision not to try the I ss by military court was reached at a conference participated in by Adit. Gen Nash. Solicitor I ?orsey and Judge Hill of the superior court. it was Announced thai tin- eases srontd he presented to the county grand jury, probabl) tomorrow, Ne formal charges have been placed against the prisoners Officers ol ihe tmhtii and tbs guardsmen will iak< no part in the prosecution except . h s Itnesssa M s as stated, The f?ou- men arrested mar Ihe Slaton estate yesterday were \\ I? i a d toda\ by older of the mid tars authorities, FINE NOTE DISPATCHED. UNITED STATES WANTS TO DEAL BY DIRECT NEGOTIATIONS. Asks Tluit Germany Reconsider Its Former I*ropo?nl for Settlement in J*riae Court. Washington, Juno 28.?By agree* ment with the German foreign office the State department made public Be? night the text of the note sent on June 24 by the United States ask? ing Germany to reconsider her re? fusal to settle by direct diplomatic negotiations instead of by prize court proceedings the claim presented on behalf of tho capitan and owners of the American ship William P. Frye, sunk with her cargo of wheat by the commerce raider, Prinz Eitel Friedrich. Ambassador Gerard cabled that he had delivered the note last Saturday afternoon. The American government declares that inasmuch as Germany has ad? mitted liability for the sinking of the Frye under the treaty of 1828, prize court proceedings arc unneces? sary and not binding upon the Unit? ed States. Aside from the question of how the indemnity should be paid, the note brings out clearly the re? fusal of the United States to accept the contention that Germany has a right to stop the carrying of con? traband by American ships "by th? destruction of the contraband and the ship carrying It." Wrhile no mention of submarine warfare was made in either the last German note or tho present reply, occasion was taken to deny this re? port because of a belief that admis? sion of it now might in the future be used as a Justification for sub? marine attacks on American ships. Here follows the text of the note, which is addressed by Secretary Lan? sing to Ambassador Gerard in Ber? lin: Washington, June 24, 1915. ?ou are instructed to present the following note to the German min? ister of foreign affairs: I have the honor to inform your excellency that I have communicated to my government your note of 7th Instv on the subject of the claim presented in my note of April 3 last on behalf of the owners and cap? tain of the American sailing vessel William P. Frye in consequence of her destruction by the German auxiliary cruiser Prinz Eitel Fried? rich. In reply I am Instructed by my government to say that it has careful? ly considered the reasons given by the imperal German government for urging that this claim should be passed upon by the German prize court instead of being settled by di? rect diplomatic discussion between the two governments, as proposed , by the government of the United States, and that it regrets to find that It can not concur in tho conclusions reached by the imperial German government. As pointed out in my last note to you on this subject, dated April 30. the government of the United States has considered that the only question under discussion was the method which should be adopted for ascer? taining the amount of indemnity to be paid under an admitted liability, and it notes with surprise that in ad? dition to this question the imperial German government now desires to raise some questions as to the mean? ing and effect of the treaty stipula? tions under which it has admitted Its liability If the government of the United States correctly understands the po? sition of the imperial German gov? ernment as now presented, It Is that tho provisions of article 13 of the treaty of 179?J between the United States and Prussia, which is contin? ued in force by tho treaty of 1828, justified the commander of the Prinz Eitel Friedrich in sinking the Wil? liam P. Frye, although making the imperial government liable for the damages suffered in consequence, and that inasmuch as the treaty provides no specific method for ascertaining the amount of indemnity to be paid, that question must bo submitted to the German prize court for determi 1 nation. The government of the United States On the other hand does not lind In the treaty stipulations men? tioned any justification for the sink? ing of the Frye, and does not con? sider that the German prize court has any Jurisdiction over the question of the amount of indemnity to be paid by the imperial German government on account of its admitted liability for the deetruetlon Of an American Vessel on the high seas. You state in your note of the 7th inst.. that article 19 of the above men? tioned treaty of 1 "!?'.? "expressly re? serves to ths party at war the right to stop the carrying <?f contraband and to detain the contraband; it. fol? lows then that if it can '?(,t ha* accom? plished in any other way, tho stopping Of the supply may in the extreme case be effected by the destruction of the contraband snd of the ship carrylyi The government of the United States ARMY AND NAVY DISAGREE. QUESTION OF RESIGNATION TAKES PROMINENT PLACE. Judge Advocate) General of Army Says Resignations Must be Accept? ed?Navy to Contrary. Washington, June 28.?Legal au? thorities of the army and navy hold directly opposite views as to whether an offloer can resign his commission at will in time of peace, It was learned here today. The question now is he fore Attorney General Gregory for decision in connection with efforts of private manufacturers to employ ord? nance experts of the army for war munition plants. Rrig. Gen. Crowder, Judge advo? cate general of the army, takes the position that the powers of the sec? retary of war are purely ministerial and that he must accept a resigna? tion when proffered. Capt. Ridley McLean, Judge advocate general of the navy, rules, though, that the secre? tary of the navy has discretionary powers and may accept or reject resignations as he sees fit. Acting on Capt. McLean's advice, Secretary Daniels in a number of in? stances has declined to permit officers to quit the service when they had not given what he regarded as an ade? quate return for the public money spent on their education and train? ing. Secretary Garrison also has been proceeding upon the assumption that he was not obliged to accept resigna? tions and those of at least two ord? nance officers have been held up. But In view of Gen. Crowder's inter? pretation of the law, the secretary did not feel Justified In following this course on his own responsibility and referred the question to the attorney general. can not concur in this conclusion. On the contrary, it holds that these treaty provisions do not authorize the de? struction of a neutral vessel In any circumstances. By its express terms the treaty prohibits even the detention Of a neutral vessel carrying contra? band if the master of the vessel is willing to surrender the contraband. Article 13 provides: ? ?, "In the case supposed of a vessel stopped lor articles of contraband, if the master of the vessel stopped will deliver out the goods supposed to be of contraband nature, he shall be ad? mitted to do it and the vessel shall not In that case be carried into any port nor further detained, but shall be al? lowed to proceed on her voyage." In this case the admitted facts show that pursuant to orders from the com? mander of the German cruiser the master of the Frye undertook to throw overboard the cargo of that vessel, but that before the work of delivering out the vargo was finished the vessel with the cargo was sunk by order of the German commander. For these reasons, even if it be as? sumed, as your excellency has done, that the cargo was contraband, your contention that the destruction of the vessel was justified by the provisions of article II does not seem to be well founded. The government of the United States has not thought it neces? sary in the discussion of this case to go into the question of the contraband or noncontraband character of the cargo. The imperial German govern? ment hari admitted that this question makes no difference so far as its lia? bility for damages is concerned and the result is the same so far as the justification for the sinking of the vessel is concerned. As shown above, if we assume that the cargo was con? traband, the master of the Frye should have been allowed to deliver it out, and the vessel should have been al? lowed to proceed on her voyage. On the other hand, if we assume that the cargo was noncontraband, the destruction either of the cargo or the vessel could not be justified in the circumstances of this case under any accepted rule of International warfare. Attention is also called to the provisions of article 12 of the treaty of 1785 between the United States and Prussia which, like article 13 of the treaty of 1799, was contin? ued in Cores by article 12 of the treaty of 18 28. So far as the pro? visions of article 12 of the treaty of 178 5 apply to the question under con? sideration they are as follows: "If one of the contracting parties should be engaged in war with any other power, the free intercourse and commerce of the subjects or citizens of tho party remaining neutral with the belligerent powers shall not be interrupted. On the contrary, In that case, as in full peace, the vessels of the neutral party may navigate freely to and from the ports and on the coasts of the belligerent parties, free vessels making free goods, in so much that all things shall he adjudged free which shall be on board any vessel belonging to the neutral party al? though such things belong to an en? emy of ihe other." It seems clear to the government of the United States, therefore, that whether the cargo of tho Frye is re? garded as contraband or us noncon BRYAN RETURNS HOME. WILL I 'YE IX NEBRASKA AND ELSEWHERE. Sons of Teutons Posti>onc Meeting to Have Been Addressed, by Former Secretary. Chicago, June 28.?A meeting of the Sons of Teutons, to have been held here tonight with William Jen? nings Bryan as one of the speakers, has been postponed. G. F. Hummel, chairman of the committee on ar? rangements, said, however, in an? nouncing the postponement, that Mr. Bryan might yet address the Sons of Teutons 'if satisfactory arrangements can be made." "The subject on which Mr. Bryan was to talk was really a minor mat? ter," said Mr. Hummel. "We wanted him to talk on the exportation of am? munition, and he offered to repeat his New York address on 'Peace' That talk would do us no good. Stop the exportation of munitions of war and there would be peace in a month. "The meeting has been postponed not because of Mr. Bryan, but. because it appeared doubtful if the Coliseum could be prepared to hold the crowd." Members of the committee on ar? rangement met Mr. Bryan's train and explained that the proposed meeting had been called off. Mr. Bryan declined to discuss the action of the committee, further than to say that it was due to a misunder? standing. He referred all questioners to the committee. Mr. Bryan left for Lincoln, Neb., at 6 o'clock to remain a few days before going to San Francisco and Seattle where he has speaking engagements. Speaking of his plans Mr. Bryan said: "Nebraska will be our home. I shall do my voting there. We shall spend our winters in Miami, Fla., and our summers at Asheville, N. C. I shall spend as much time lecturing as may be necessary. It will not be more than three months a year. I expect to devote some time each year speaking to students at colleges on subjects connected with citizenship. I shall continue my newspaper editorials. The rest of my time will be reserved for such work as 'may seem to be neces? sary." traband the destruction of the vessel was, as stated in my previous commu? nication on this subject, "a violation of the obligations imposed upon the imperial German government under existing treaty stipulations between the United States and Prussia." For these reasons the government of the United States, must disagree with the contention which it under? stands Is now made by the imperial German government that an Ameri? can vessel carrying contraband may be destroyed without liability or ac? countability beyond the payment of such compensation for damages as may be fixed by a German prize court. Tho issue presented arises on a dis? puted interpretation of treaty pro? visions, the scttement of which re? quires direct diplomatic discussion between the two governments and can not properly be based upon the de? cision of the German prize court, which is in no way conclusive or binding upon the government of the United States. Moreover, eevn if no disputed ques? tions of treaty interpretation were in? volved, the admission by the im? perial German government of Its lia? bility for damages for sinking the vessel would seem te make it unnec? essary, so far as this claim is con? cerned, to ask the prize court to de? cide "whether the destruction of the ship and cargo was legal, and whether and under antY what con? dition the property F.unk was liable to confiscation," which you state in your note dated June 7, are questions which should he decided by the prize court. In so far as the questions relate to tho cargo they are outside of the present discussion because as pointed out in my previous note to you on the subject dated April 13, "the claim under discussion does not include damages for the destruction of the cargo." The renl question between the two governments Is what reparation must be made for breach of treaty obliga? tions, and that Is not a question which falls within the jurisdiction of a prize court. in my lirst note on the subject the government of the United States requested that "full reparation be made by the imperial German gov? ernment for the destruction of the William P. Frye." Reparation neces? sarily includes an indemnity for the actual pecuniary loss sustained, and the government of the United States takes this opportunity to assure the imperial German government that such an Iddemnity. if promptly paid, will be accepted as satisfactory reparation, but it does not rest with a prize court to determine what reparation should be made or what reparation would be satisJoetory ? to the government of the United States. Your excellency states In your not?' of June 7 that in the event the prize SITUATION, VERY SERIOUS. THOUSANDS SAID TO BE STRIV? ING IN MEXICAN CAPITAIi. - * Courier From Brazilian Ministe* Readies Vera Cruz and Telia of Conditions in Mexico City. - ) Washington, July 1.?Conditions in, Mexico City are becoming worse and there are no prospects of relieving tho starving thousands until the railroad is opened up to Vera Cruz, acording to dispatch from the Brazilian minis? ter to the State department. The mes? sage was dated June 25th, and was} sent by a courier to Vera Cruz. Zap? atista officials are inciting the people to riot and looting. The officials are making no attempt to conceal their anxiety over the situation. ^ ANGELES CAN'T SEE WILSON. Mexicans Fall to Make Appointment With President. Cornish, N\ H., June 29.?An ef? fort was made today to arrange an interview here between President Wil? son and Gen. Felipe Angeles, the Mex? ican leader, who recently came to the United States and who wants to give the president his views of conditions in Mexico and to suggest a way of meeting Mr. Wilson's warning that the situation there must change. DALZELL MEETING THURSDAY. General Sumter Agricultural Society to Celebrate the Fourth. The General Sumter Agricultural Society will celebrate the Fourth ofi July with a big meeting at Dalzell on Saturday, at which Col. E. J. Watson^ commissioner of agriculture And im* migration will address those present* Several other well known speakers have been communicated with and there will be another speaker to make an address also. The meeting will be held at the school house and all the people Of the surrounding country are invited. Those who attend will furnish their oSri| dinner. To make the day replete with pleasure, a baseball game has been .arranged for the afternoon to amuse and Interest young and old. Remarkable Surgical Operation. ' Paris, June 30.?One of the most remarkable operations in surgical his? tory was announced today. A portion of a rabbit's shoulder blade was sub? stituted for & part of the frontal bone in the skull of a French soldier, re? covered two months. court should not grant indemnity tn accordance with the treaty require? ments, Die German government would not hesitate to arrange for equitable indemnity, but it is also necessary that the government of the United States should be satisfied with the amount of the indemnity, and it would seem to be more appro? priate and convenient that an ar? rangement for equitable indemnity should be agreed upon now, rather than later. The decision of the prize court even on the question of tlje amount of Indemnity to be paid would not be binding or conclusive on the government of the United States. I The government of the United States also dissents from the view expressed in your note that "there would be no foundation for a claim of the Ameri? can government unless the prize court should not grant indemnity in accord? ance with the treaty.'' The claim pre? sented by the American government is for an indemnity for a violation of a treaty, in distinction from an in? demnity in accordance with the treaty and therefore is a matter of adjust? ment by direct diplomatic discussion between the two governments, and is in no way dependent upon the action of a German prize court. For he reasons above stated, the government of the United States can not recognize the propriety of sub? mitting the claim presented by It on behalf of the owners and captain of the Frye to the German prize court for settlement. , The government of the United States is not concerned with any proceedings which, the imperial German govern? ment may wish to take on "other claims of neutral and enemy interested parties" which have not been pre? sented by the government of the United States, but which you state irt your note of June 7 make prize court proceedings in this case indispensable and it does not perceive the necessity for postponing the settlement of the present claim pending the considera? tion of those other claims by the prize court. , The government of the United States therefore suggests that the im? perial German government reconsider the subject in the light of these con? siderations and because of the objec? tions against resorting to the prize court, the government of the United States renews its furnier suggestion that an effort be made to settle this claim by direct diplomatic negotia? tions. CS i sued) Lansing.