Historical Newspapers of South Carolina

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COURT UPHOLDS FIRE A? PAK8KD AT nooif or GEN? ERAL ASSEMBLY. for by IX R, luujoiniiig Attorney tana ranee, Cosaealsalrm a* of Low Is Denied S?IHsej||lld. ^Ps^^ Is1, an oojsj S^Sfrfl jlstsjiubla. April 28.?The Supreme |a/t yesterday refused u.,sign an or tho Insurance commla ?nd the attorney general from the terms of the antl-com Insurance act of the last TJha decision dismissing ifdtlUon of David B. Henderson of I,ea> for an Injunction was sign 101 of the justices of the su* tisjjrt??? ^ofatitutionallty of the Laney ict waa attacked at a recent hy attorneys representing Mr. |on? who has bean engaged in U^gnracce business in Charles Mjj?}? years. The State officials |pres*pt?(l at the hearing by Hs Peaplea, attorney general, petition is dtsmlsaMi and the r refused.'' said the decision ?fptt The opinion was written fej^rtasi Justice Frasar. Hi* fidlowing !? the decision of the Ij^t** oig very iwu la BLU--Is also a case It which Popular Interest The |?4?ds prompt decision. It I Mil IN decided hasti y. but sH annacisssry delay. c*ct th*1 tner*1 ** aoiupdar Intarest. the decision Id be couched In such terms that l*anjft* who are not trained law tsai\. understand the reason of laciae.o. without unnecessary cita af authority. Fundamental prln Tnre^?uflVlent a legislature of this State, at Its 1 session (19l?), passed an act sal A^n act to rpevent Are Jnsur ss or associations or doing a fire Insurance tali State to enter Into any combination with any ^Aya,insurance companies, ? Portaarshlpa gives the insurance com f tbia State power to 'ro? of insurance^ and provides Xbr falsa affidavits there kjMMtlo^r comes Into this slip be -* a efR*<Mi <>f Ibis) that prior to the enactment of 1 he was doing an insur* la this State, as the Liverpool A I<ondon * I^arancc company of Uver SBngland. and that by reason of of this statute trie said company was com polled by of the provisions of said act to to do business In this State; that petitioner has, by reason thereof, deprive-! of his business; that he |Ws no other business. He asks it the Insurance commissioner be laed from proceeding to carry out provisions of the act Tho petl allegee that the act Is unconstl in certain patrlculars. The commissioner and attorney who also has some duties to under tbe act and It: a party demur to the petition. That is these State officers come Into Court and allege that even admit all the facts pleaded In the poti still the petitioner has not thowu he I* entitled to the ir junction for. A conv of the act la set out It Is not certified to. but Is ted to be a true copy of the act Ite Is alleged to be unconati ll: la that the Stats warehouse com* loner Is authorised to take any alf kinds of Insurance on all St property, at any rat oh ho see fit. while the petitioner can any risk and theicfore Is /Od of his property without due of law, and. Is denied the protection of the law." A de ?r admits facts, but nut construe of statutes or conclusions of law fact Ho such power is given to the warehouse commissioner. Tho (no citation la necessary) In the jilon of a statute is that gen words, and It makes no difference general, will be confined to the treated of. So, here, tbe lan te. however general, would con the insurance procured by or the warehouse commissioner Manco procured by or through in hla bualness as warehouae im lesion sr. Is also objected that the mills itualii and factory insurance asso? ciations are exempted and this Is said to be so unjuat discrimination. It is not unlawful to classify business and rtde elfterem rules for ' he differ classes. That insurance Ir which party Is insurer and the other the id Is not In the same class with ktttual Insurance), in which a person hpth Insurer and Insure*! If. how tho*e two provisions should bo t-?? m mm ran ft.1* jn I' " T ~J held to he unconstitutional, It would i\ot ajfjfpct thin case/ he cause tho pro vlsiona.are separable and the rule Is that the unconstitutional exception to a general provision falls and the body of the act stands. In other words, if It Is unconstitutional to exempt the I State warehouse commissioner and the mills mutual*, then the business by and through the warehouse com? missioner and tho mills mutual* is not exempt from the provisions of the set* It Is next objected that the act is unconstitutional la that It confers both legislative and judicial powers on the Insurance commissioner, and the, constitution provides that these powers shull be kept separate. This act does not confer either power. The duties of the Insurance commissioner are not legislative or judicial but merely ministerial. Carolina Glass Co. vs. the State, $7 a C, 270. The right of the State, to review Insurance rates Is not in Issue. The next objection la to tho, title of the act, and it is claimed that the act does not conform to the title. The constitution requires the sub? ject to he expressed In the title, arti? cle 3, section 4Up , :> There are three speclttcations here, but the)' really raise two questions: , (a) It la said that there Is nothing In the title'to indicate that the com? missioner la to. be given power* to re? view rails: It is not th* funtcion of the title to set out the entire act, but to declare the "subj^cW Tat details are la the act. The prevention of. un? lawful combinations by requiring rates- to be submitted to a oocamls siqner or commissioners for review, is well recognized in both fedenal and State legislation. It la the well.recog? nised me .hod by which unjust and die* criminatory rates are prevented, , No one should claim fhat the body of the act, which provides the, details, con? tains a surprise when the legislature haa adopted the usual method, lb) ft is objected that the . zt pro? vides a penalty and there Is .no men," tion of a. penalty In Ute title. When, an act forbids the doing; of a thing and provides ao penalty for its viola? tion, the act la i?holly Ineffective. An act to prevent and a penalty go .hand In band., It Is laid that the penalty for falsa swearing under this act is msds mors severe than perjury in other cases, and this can not be al? lowed. This objection is untenable.. There is no reason why perJury? un? der some circumstances, may not bo more severely punished than perjury undas, other circumstances, Tt is common to fix maximum and a mini? mum .puni?;\;io nt, both as to Qne or imprisonment, or fine and imprison? ment, and t.. atlaw the trial court a ? discretion to tlx the amount of nne and imprisonment, or the fine or Im? prisonment. Besides this, section 344 of the criminal code allows an addi? tional punishment for perjury of sev? en years, with no option to pay a fine. Tho Insurance commissioner and attorney general have raised tenta? tively the question as to the right of tho petitioner to raise the ques? tions made In this case, but do not insist upon it. We. will consider the question as far as It affects the merits of the case. , No citizen of this State can. havo a vested right (as between himself and the State) in. a contract to carry on business as agent for a foreign cor? poration* within this State;, because a foreign corporation can .du. business la this State only by permission of the State and can continue to do business within the State only so long as the State, permits It. If a citizen .of this State had any such vetted fight, then all that a foreign corporation ..would have to do would ho to make contracts Cor 60 years with so mo citizens as its agents and the power of the State to rid Itself of tho corporation within tho 60 years would be destroyed. This po? sition is untenable. This principle does not apply to contracts of Insur? ance already made between citizens of this State and foreign Insurance companies, nor to contracts of insur? ance hereafter made between citizens of this State and such foreign com? panies who are not doing business in this State. It Is said that by reason of this act the Liverpool A London & Globe In? surance company has been com? pelled to withdraw from businoss in this State. That is a statement of a conclusion of fact and not admitted I by the demurrer. The facts stated in the record do not bear out the con? clusion that this company was com? pelled to withdraw from businoss In this State by reason of the act of tho legislature. This company has al? ready withdrawn from the State. Tho affidavit as to unlawful combinations Is not required to be filed now. It Is to be filed 1st March. 1917. (The act contemplated a year and the necessary delay must be added). And that affi? davit Is for a renewal of the licenso to do business for another year. Thnt affidavit Is that they have not entered Into an unlawful agreement within the year. That feature, therefore, can have had no legitimate effect on its withdrawal In 1916. The. objection to the other feature of the act, that rates shall be submit? ted to the Insurance comnilsMionor In order that ho. may see that they are not discriminatory or unjust, leads in? evitably to one of three propositions: 1. It is impracticable to get a fair and just review of rates in this State, or 2. The Insurance company de? sires to make discriminatory and un? just rates, or 3. A denial of the rjgbt. of the State to impose any conditions on its right to do business here. There is nothing in the petition to sustain cither of the three propositions. The constitution,., article, 2, section 13, requires the legislature to enact laws to prevent agreements against the public welfare. The legislature must primarily determine what agreements are against the public welfare. The petition is dismissed and the injunction refused. - ? 1 1 ? ? ? BRITISH BATTLESHIP SUNK. The Russell Reiwrtcd to Have Been, Destroyed In Moditcranean by Mine L^p4on,,.APici? $) ** pfllcia^y, reported today thatt he British bat? tleship BusaeV, was sur.K in the Med^ iterranean, by a mine an Thursday. The Russell was the .lag ship of . the squadron and, carried a crew of seven hundred and Af,ty. Twenty-four of the crew, are reported lo3t. A tre? mendous hole was blown in. the hull be)ow the waterline. Admiral Free mantle who was on board and t.wenty fojir other officers amJ six hundred Mid seventy-six men were saved. MANY NEW SUBMARINES. i . . . ? ^mmmmmT* ? Germans Reported to Have ,850 New Suhamiincs Blockading England. London, April 28.?a Berne dis? patch, reports Prince von Buelow, the former German Imperial Chancellor, ajii saying that Germany now has two him/jlred and fifty new submarines, en? gaged In blockading the English coasts... ...... : i t. i i-. ?? ->???? * ' ? ! J > . VILLA MEN AGAIN ACTIVE. Qsrranza Force* Sent to Strengthen San Antonio, Mexico, April 28,? Gun. Perahlng has heard that Villleta sympathisers are active along the > NUxican, i Nprthwestern railway^ Car- j ranzistas were sent to reinforce the Citttthuirlachic and Temosachlc gar? risons. 1 I t v II*/ ? 'T.-~- ?- ' ? ? I ' SERVE PINEVYOOD CHURCH. St. "Harles Holds Annual Flection of Officers. Pinewuod, April 27. ? fjonfoining to ih -i church laws ,ne vestrymen of St. Murks parish mot Monday and hold ! a busiuetm session und an eipcuuu. A. F, Richardson, junior warden, W. , D. Epperson, senior warden, J-ohn S. Richardson, secretary-treasurer, and the old vestry were re "ected. H. B.; , Richardson, Jr., declined reelection as chairman of the vestry and W. D. Epperson was elected instead. Rep? resentatives to. council: R. C. Richard? son and W. D. Epperson; A, F. Rich? ardson and J. S. Richardson, alter nsji.es, , Walter p. Epperson, chairman of the Sewance fund, today mailed his chock to the Rev. A. R- Mitchell In pac'iuent of thq find, of tho four in? stalments of St. Matks, Clarendon county, Pinewood, although not due unUl October 31; hut this apportion: meat was raised at tho Vestryk meeting today, It's believed this church will bei the first in the State to meet this obligation six months in advance. Tho rector, tho Rev. W. H. Barnwell, ha* been in this parish 20 years. BRITISH STEAMER SUNK. Cre w Forced to Take Open Boats 120 Miles from Land. ;London, April 28.?-The . British steamer Industry, sailing between American and French ports has been sunk by a submarine. The Industry wau bound for America at the time and was unarmed. The crew was left In open boats one hundred and twenty miles from land, but was picked up. FEAR LABOR DISTURBANCES. Secretary Wilson OoiAfors With Prc*i dcnl on Mine Strike Situation. Washington, April 28.?Secretary of Labor Wilson today conferred with President Wilson at the cabinet meet? ing concerning the anthracite mine troubles. It Is probable that he will take a personal hand in the negotia? tions by sending conciliators to New York, whero a dead lock now exists at the conference. Further labor dis? turbances are feared on May 1st. OARRANZA GOVERNMENT IS SHAKY? Report of Effort to Make Villa Nat? ional Mexican Hero. Washington, April 28.?There is a big movement In Mexico to make Villa a national hero, it is reported, and the collapse of the Carranza government Ih pending. Juarez, April 28.?Gen. Ohregon denies a split with Carranza. TRAIN MEN MAY STRIKE. ? No Decision Reuclied at Conference With RaUroad Officials?-More of International Harvester Workers Strike. Chicago, April 28.?Five hundred more International Harvester workers have joined the strike, making a total of four thousand strikers. Dis? order resulted in arrests at the bear? ing plant where tho police are par? ticularly active. " ,, No agreement was reached it was announced at the conference of rail? road officials and the trainmen's lead? ers. The meeting has adjourned un til June. It is reported that the train mqn may strike yet. STREET CAR STRIKE NEXT. I'ittsburg Threatened With a General Suspemdon of Street Railways. I Pjttsburg, Pa., April, 28.?A strike of all street railway employes will be ^ordered Sunday at midnight unless the demand for an increase in wages is .granted. , The men today voted power to their leaders to take that ac? tion if the conference with the-com-1 pany officials does not result in an agreement for a wage increase. The j men are overwhemir?ly in favor of a strike. WESTINGHOUSE PLANT GUARD T\vo Hundi^ Special Officers WithJ Plenty of Ammunition on Duty at Shady Side. Pittsburgh April 28.?Two hundred special officers are on guard at the Shady Side plant of the Westingbouse plant and a large supply of ammuni? tion was sent there today. Prepara-, j tions have been made to protect and; house the strike-breakers at Shady Side. _ BERRIES SENT FROM CONWAY. Growers' Union Begins Shipment. in Carload Lots?Best in Several Sea? sons, p Conway, April 27.?The Strawber? ry,Growers' union began carload ship ,ments of berries last Saturday. A few crates, of berries had been shipped by express tho first of the week, but on Saturday the shipments began in earnest and the officers of the union have .been.busy since receiving berries *nd writing receipts for the members. Around the depot from 9 o'clock in the morning until after the bony train Uuves in the afternoon Is the oiuuciit flarti of town. | Ine ?juullty of the berriv.. b?i8 never ?cor. butter than those of this .-ivi ion,. being large and in perfect con? dition for shipping, R. O. Hanson* secretary of the union, said ,when speaking of the berries: '.They are the finest we have.seen In several sea? sons and are bringing good, prices. Those which have been heard from bring gratifying reports. This year's crop and the prices are very encour? aging to, the truck growers of the Independent republic.". j WILSON TP NEWSPAPERS. . . .. v / '.?> ...... [ i? . I Message from ,1?^sideut Read at Pub Ushers' Meeting. New York, April 27.?A message from President Wilson expressing tho 'hopo that the press of tho United States may always uso Its influence tor "fair play, right understanding ind the peaco, prosperity and glory of America," was read tonight at a banquet which brought to an end the annual meeting of the American Newspaper Publishers' Association. Men of promiiunce in many walks of 'life were the guests of the organiza? tion. They Included Gov. Whitman, of. New York, Secretary of War Ba? ker, Mayor Mitchell, Dr. V. K. Wel? lington Koo, Chinese minister to the United States, Representative Fitzger? ald, Senator Harding, Otto H. Kahn, land Daniel Willard. In reply to the president's message a message signed by Herbert L. Bridge man, president of the associa? tion, was sent to the White House as? suring Mr. Wilson that the American Newspaper Publishers' Association "stands for the first word of its name and'will defend It against all-comers." flfSM (COMPANIES INSPECTED. Army Officer Pleased With Florence Organization. Florence, April 27.?Yesterday af? ternoon at 3:.'?0 o'clock In tho audi? torium of Tho Times building, In West Evans street, Capt. J. Malcpm Graham, U. S. A., on detached Inspec? tion duty, Inspected the new military company recently organized by Capt. Charles W. Muldrow, with forty men, and last night he inspected the.other company organized by Capt, R. Lee Brunsen, with fifty men. The latter inspection took place at the Cannon Tobacco Warehouse in North Dargan street, at 8 o'clock last night. After inspecting the mcjn, Capt. Graham made a short address to them, telling them and explaining to them the regulations that governed, the enlisted forces of the Stute nnd nation. GERMANS SUPPLIED ARMS. ?-1 British Government Now Discovers That German Submarines Landed Arms in Ireland. London, April 28.?The government now admits that it has discovered that German submarines landed great quantities of munitions in Ireland fpr the use of the rebels. More warships have been sent to Dublin to prevent submarine aid to the rebels. War? ships are also at Cork, Queenstown, Limrick and Galway. Fighting is in progress in live counties in the south east and west of Ireland. Ten thou? sand rebels destroyed two Dublin railroads for miles, including tele? graph wires. Tbe casualties are re? ported to have been heavy already. NORTH STATE DELEGATES. Simmons., Overman, Craig and Carr to Attend Democratic Convention? All for Wilson. Raleigh, April 27?North Carolina Democrats in State convention here today indorsed President Wilson for reelection and chose Senators Over? man, and Simmons, Gov. Craig and Gen. Julian S. Carr as delegates at large to St. Louis convention. District delegates were elected at meetings earlier in day. A. W. McLean of Lum berton was elected national comrait teeman, succeeding Secretary Daniels, who declined reelection! The preparedness programme and proposed rural credits legislation were approved. Gov. Craig in an address predicted that President Wilson and Col. Roose? velt would..be the presidential candi-( dates of the two leading parties and that the November election would be, a declaration for or against war. Only Mr. Wilson, he declared, would be able to keep the country at peace. The convention did not instruct jts t ??. ,-.r. . j . .. . , < . , delegates to St. Louis and they will be guided, by the result of a preference primary to be held June 3. Candidates for State, offices also will be named on that date. WILL NOT RETURN TO STAT& i " ' =? * ' ' ?? ? ? t ? '- i ,' i,ir. Milwaukee Mechanics' Insurance Co. Refuses to Operate Under Present Law. The Milwaukee Mechanics' Insur? ance Company, in a letter to the Con? solidated Insurance Agency, states positively that it will not return to. this State , and continue operations undpr the present anti-oompart law as, parsed at ihe last session of th'.? g,:iur\? assembly. Tlv: company Mattes that, u has Withdrawn freu, business and will reuse to do businessI here lor iho nresapi. . . It. is stated that the company re-, no wed its license in January, which may have been the reason for the re? port that It would return to the State. NITRATE PLANTS HAVE PIACE. Proposal of Senator Smith Will be In? cluded In Army Measure Passed. Washington, April 27.?It , has be? come apparent here tjhat.no, army increase bill will be agreed upon at the present session of congress, no matter how pressing the need, un? less It contains the, proviso as pro? posed , by 'Senator E. D. Smith, and passed by the, senate, for the estab? lishment of nitrate plants as a con? comitant feature of any preparedness bill which may. go through. Senator Smith was in the house (\vhen the bill was sent to conference and is in cjose touch with the work QC.t?,the. ?conferees.. He had no comment to ?make today regarding the matter, vb,ut it is almost certain that the bill will not be passed unless It had his proposition included. \t is realized that this is one of the big pieces of legislation which the si:' '-fourth congress will put th ugh, and It is to the credit of South Carolina that one of her sena? tors will do 1$, _ i . ?..'.-r i rn ? NEWBERRV BOY WrINNER. I - ???n i Jjno. Floyd , ^warded High School Oratorical Medal. Columbia, April 27.?John Floyd, of Newberry, won the Stale High school oratorical contest hero tonight, his subject being "Alaska," Second place went to Wipfred Godwin, of the Union High school at Rome. Honorable men? tion was accorded to An Stokes King,, of Con way. Mr. Floyd wins the Reese paper metal for one year for hin school and also gets the Will Evans medal. The preliminaries were held at the University this afternoon and tho finals, tonight. Tomorrow morning the athletic meet will begin on Da? vis Field at 9:30, and the finals will take place tomorrow afternoon at 3 o'clock. I There was only one ca.se, tq be-dp* pos of in police cqurt Friday morn, ing. Geo. D. Sistrunk was charged with reckless driving of a^tpiuobije and, running, car \yitliput a lighU.a.nd. forfeited. his bond of $20, Sis^run^k was charged with running ;uto . an automobile on HattleUo .street, dam, aglng both his own and tho other car. * p 1 FINAL AMENDMENTS OFFERED. Agricultural Appropriation Bill Vir? tually Ready for Final Vote to Come Soon. Washington, April 27.?Amend? ments to the agricultural appropria? tion bill embodying the Lever cotton futures bill, the grain grading bill and a measure to authorize federal licensing of warehouses for farm pro? ducts were offered in the house today by Representative Lever, chairman of the agricultural committee. Repre? sentative Madden of Illinois made a point of order against them, but Mr. Lever announced that he would ask I for a special rule tomorrow to provide for their consideration. Except for these amendments tho measure vir? tually is ready for a final vote. , CAVALRY CROSSES BORDER. Largest Force That has Left Columbus Since PerslUng Entered7 Mexico. Columbus, N. M., April 28.?The largest force of, troops that has left Columbus since the initial command crossed the border six weeks ago is encamped tonight 15 miles west of here. The troops, consisting of more than a regiment of calvary ,are pre? paring to cross the line into Mexico at daybreak tomorrow. The soldiers left Columbia upon 0F? ders of Gen. Pershing, expeditionary commander, and it was stated at mil? itary headquarters here tonight that no reasons had been outlined in the order. Persons in touch with border the situation offered various solutions. O^ne belief expressed was that tho American line of communication, which extends from Columbus to ay ? San Antonio, needs further strength? ening. Another was that the expe? ditionary commander .fears, that one of the stipulations in the Eli Paso con? ference will be that no more Ameri? can troops will cross the border 'and is anticipating' such an agreement by bringing his command to a strength 'that will enable it to cope with any emergency. jj Active preparations for continuing, 'the. punitive expedition continued here today, aeroplanes and a device calcu? lated to equip motors for railway travel being tested and supplies being: despatched to the troops in the field. Plans were being made also to equip a squadron of motorcycles with ma* chine guns for use when speedy re? inforcements are necessary. Some snnr^h^nston "vast aror^-4 here tociay by p;p.ss reports from the fir >: -at fojr irainloads v: 'Jarranza olcHors were being reconcontrated near Guerrero. Military authorities ,here, iio\?uu, denied aati^id tb*u. Gen.. Pershing'S command hi amply able to care for Itself In any emer? gency which, might develop. pseSjsmfswe i'ywfflf ?? FLORENTINES ENTERTAINED. f. mmmt Cadets Parade Through Streets of TAXA tie Gate City. Camp Barringer, Florence, April ,27.?The Main street of Flerence wa* paraded this afternoon by the cadet battalion under the command" of" MaJ. Bowen, following the cadets were au? tomobiles conveying Maj. Bowen and ?Col. Bailey, superintendent of the Military Institute and other proml nenet officials. The parade stepped in front of the high school, where an immense crowd had' gathered' Se wit? ness an exhibition drill by the cadets. The young soldiers were in full dresS and put up a snappy drill that great? ly pleased the people. Friday after? noon at 5 o'clock the battalion will be reviewed by Adjutant and Inspector1 Gen. Moore and Capt. Graham, of the United States army. Friday evening1 a reception will be tendered by the faculty and battalion to the young people of Florence. RED DAHLIA THE FAVORITE. Chosen' by Popular Vote as Claren? don's Emblem Flower. 1 Manning, April, 27.?Pfursuan^ to a resolution adopted .by the directors of the Clarendon County Fair Associa? tion, at a meeting held on the fth of March last, a popular vote has recent ly been taken on the adoption of an emblem flqwer for 9laren?on cooing As(a resul^ of said election it appears that the red dahlia received the kug est number of votes, .and it has been declared the chosen flower. Mr. F. P, Eryin, the president of the Fair As-t sociation, has announced that ho will offer a prize of $6 in gpld, fpr th{e best half dozen red dahlias exhibited, at tl\e county fair nex<t year, ,wl\ich will doubtless stimulate the^ produc? tion of sqme choice specimens of the chosen flower. ... ,..?.?.. t am1 A Sad Sight. One of the_ saddest sights we^ktto^v about, la,to see. a farmer hauling ?ouir, C4?n>. bacon, b^-V. out, of town, bought on a lien when every bit,ce,n be raised on his farm. As, l#ng.as cujr people pursue this policy they will, 19; .main pqor. A short crop, ojt . cotiqp means a good price f >>r i>ued and oou ton; a big crop means, a lew, price tor both. It is up to you, Mr. Farmer. ?Abbeville Modium.