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ATTACK LIQUOR LAW. M* ART-A-MOM II LAW ALLEGED TO BE INVALID BY FMK HATE Jl'IK.E. Cltiarn Was Refused a Der? by Judge Hk'hardsoii?Munda? ne ProceedljigH Held Before Judge at Manning This Week. Columbia. March 12.?The amend? ment to the "gallon-a-month" law, requiring Judgee of probate to be rea? sonably satisfied that applicants for whiskey want the intoxicant for me? dicinal purposes, will be taken into the Supreme Court In a friendly ac? tion to test its constituionallty. The action is being taken by a citi sen of Sumter county who yesterday was refused a permit by Thomas E. Richardson. Judge cf probate for that county, on the theory that the act is unconstitutional In several retfpects. Mr. Richardson announced that he would not Issue any permits unless compelled to do so by the courts. ?The initial action will be an appli? cation of a writ of mandamus to com? pel the Sumter Judge of probate to Issue the permit. The hearing will bi had before Judge Thomas 8. Sense, 01 the Seventh Judicial circuit, at cham? ber at Manning next Frida) or Satur day. Mr. Richardson will be repre ?anted by D. 8. Henderson, Esq., o. the' Alken bar, and the petitioner b> Thomas H. Peeples, Attorney General The attorney general will represent the petitioner because the constitu tlonallty of an act passed by the gen eral assembly is being attacked. What ever decision Judge Sease renders, tht party decided against will take an ap? peal. 'The amendment to the law, which la the nux of the complain , reads a follows: "Provided, that In no case shall th? probate Judge issue such permit un legs he le satisfied of the truth of each ststement contained in the affidavit herein required, nor shall such perml be issued ?>? other than the probat? judge personally or by his regular b constituted clerk within the precinct* of his office. Any violation of the pro? vision of this act by the probate Judge shall subject him to prosecu? tion and p?naltlea as for malfeasance of misfeasance in office." The following Is the text of the complaint to be presented t.o Judge Sease: "1. That he, the aforesaid, petition? er. Is a citizen and taxpayer and resi? dent of the county of Sumter, in the State of South Carolina, and as such la entitled to protection under the law. of said suite "I. That the general assembly oi this 8tate, at its recent session, pass? ed sn act, which was approved on tht 18th day of February'. 1918. and be? came of force according to law, on th< 11th day of March. 1918, known as Act No. 190 of the 1918 session of the General Assembly, and entitled (net? ting *orth the title of the new quart a-morth law), which said act of the general assembly so approved and passed and of force as the statutory law of South Carolina, among other things provides in substance that any person desiring to import any alco hollo liquors under this act shall ap? ply to the Judge of probate of the eounty ir which he presides and fll with him an affidavit that he has not received any liquor pSfUiH during the same calendar month, and speelfiying the amount and kind of alcoholic li? quors deelred, not exceeding One quart, end that he Is not a minor, nor stu dent of any Institution of learning and tho office of the common carrier from which delivery is desired, thr office of which Is to he nearest the residence of the applicant, and that the same Is desired ?cr medicinal purposea and upon tho receipt of "trfh affidavit and tho payment of I fee of ten cents the probate Judge shall Issue a permit under his hami end official m-.il t<> receive such alco? holic liquors, and that In no case shall the pr< mIk,. iMiue such per? mit unless he is BatSSBsd Sf the troth of each statement contained 1n the affidavit IHfjSJlrod Sf UN art gad pre ?ented to him M8. That on the eleventh day of March. 1918. your prntiom-r. adUttf within his rights, as a citizen gad resident of the ( sunt] tv.<\ Hate sfore said, applied to Tho , i Kir|,u.| son. Esq . Judge of the conn at pro bate in and for the count v si HuUtter as aforesaid, at his oille* at the court house of said count v. and til?*.i aittl him and presented to him an SJM I I ?worn to by your petit oner, setting forth strictly and fully the require? ments of said act of the general es sembly. unking a permit thereon, up? on such evidence as was needed, to import ft quart of whiskey or nl<o helle liquor Into thI State of South Carolina, and that your petitioner tendered to said Judge of probate the fee required by flm fti t to wit, the nuni of 10 rents, whereupon <<iid iudge of probate, after due inquiry nnd Investigation Into the farts con? cerning your petitioner, and the tiuth of the affidavit pre*?nted to him. ad? dressed to your petitions!1 i letter a HOUSE POSTPONES DRAFT. LEGISLATION LAID ASIDE TILL DAK Kit KETUKNS. Wanned by Crowder?-Bill Proposed to Secure Soldiers on Basis of Num ber of Men In Class One. Washington, March 13.?Legisla? tion to change the system of appor? tioning drafted men by making: the basis the number of men in Class 1 instead of the population of States was held up in the house today with the1 tiling of an adverse minority report by| members of the military committee und by the statement of Chairman Dent that the measure would not be called up until after Secretary Ra? ker's return from France. This will delay the second draft, as Provost Marshal General Crowder has announced that ho will not go ahead with It until the law is changed. At the time the minority report was bled General Crowder was before the senate military committee urging speedy consideration of the measure and of another to require registration of all men attaining 21 years of age since last June. 5. He appeared greatly concerned ?vhen he learned that the legislation was checked in tho house. The senute has passed the bill changing the basis of apportionment and is expected to pass this week the meusure to register young men. The bouse committee already has filed a favorable report on the bill changing Ithe apportionment. I Vigorous opposition to General, ' rowder's plan to change the basis of apportionment of men for the Nation? al Army to the number registered in Class 1, instead of population of the .-Kates, was launched in the hou:?e to? day with the filing of a minority re? port from tho military committee on ihe pending resolution for that pur? pose. A favorable report on the resolu? tion, already passed the senate, also has been made but will not be brought up In the house until Secre? tary' Baker returns from Europe. Representatives Gordon, Shallon berger, Wise, Nichols, Harrison and Hull joined In tho dissenting report which declared that tho proposal would subject "to the arbitrary will and authority of those in control of the nation's military power the 9,000, 000 men registered, except only those unconditionally exempt from tho draft as fully and completely for all prac? tical purposes as those already in? ducted into the military service." "If congress," the dissenters added, "is prepared to deliver the bodies oi these 9,000,000 men into the hands of '.he military authorities, without con vlition or limitation, then it should pass this joint resolution; if not, it should he defeated." Five Democrats and one Republican constituted tho minority which spared no words denouncing tho resolution as a repudiation of the principle oi universal liability to service, declar? ed that it substituted the arbitrary will of the military and would create a favored class to feast on war profits. copy of which Is as follows, to wit: " Sumter, S. C. March 11, 1918. ! Sir: You have this day ap? plied to me under the act of the gen? er? I assembly, approved tho eight? eenth of February, 1918, for a permit to transport into the Stato ono quart of whiskey, and you have Meet an ath ilavit in this olliee requesting said per? mit and stating the facts. Under the terms of that act I am required be? fore I could Issue such permit to be satisfied of tho truth of each state? ment contained in the affidavit; and I ask to say that from your character and my knowledge of you and my personal inquiries, 1 am satilled of tin truth of each statement contained in your letter, but nevertheless being conscientiously of the opinion that said act of the general assembly on various grounds is unconstitutional, 1 decline, unless compelled by the courtH. to deliver to yotl a permit to trunsport into the State the quart of whiskey as you request, and it is my purpose to adopt the same course as to all others who apply, UUleeS I am propelled by the court to change my < ourse. 1 wish to assure you of my dOOlfe in no way to offend you, but to Obtain an investigation Of this mat? ter. " 'Very respectfully yours, " 'Thos. E. Richardson, fudge <>r Probate of Sumter County.' And your petitioner further states 'hat thl s.iid judge of probate as tforteald declined to receive the foe <>r || cents provided by law and ab? SOhltely refused to issue the permit to you,- petitioner, Which your pe? titioner ShOWS and charges be was entitled tO reootvc as a matter of right, and it is BSjbmltted to the court that said action of Judge Of probate is arbitrary, contrary to the requirement Of the aforesaid act Ut the general as embly <?i so rth Carolin , ? Wherefore, petition, i praj I thai a writ of mandamus do lasuc OUt of this court, requiring ami commandlna. the respondent, Thomas r.. Richardson, RAILROAD MEASURE PASSED.! - SENATE ADOPTS CONFERENCE REPORT ON CONTROL BILL. Seven Republicans and Senator Goto of Oklahoma (Democrat) Record VotOt in Negative. Washington, March 13.?The senate] tonight adopted the conference report] on the administration railroad con? trol hill by a vole of 4 7 to eight, af ier it had rejected and the conferees had eliminated a provision limiting power of tlie States to tax the car? riers while under federal control. The bill now goes to the house for final action, probably tomorrow. Voting against the report were: Senators Dorah of Idaho. Cummins of Iowa, Gronna of North Dakota, John? son of California, Kenyon of Iowa, Norris of Nebraska and Townsend of Michigan (Republicans), and Gore ol Oklahoma (Democrat). Bllmination Of the tax provision re? sults from initial use of the new sen? ate rule prohibiting conferees from writing new matter into a bill. A point of order by Senator Fre linghuysen of New Jersey (Republi? can) against the tax clause was up? held "today by Vice President Marshal and sustained by the senate, 51 to 23. The bill then was returned to con? ference where the original tax sec? tion, providing that State taxes and railroad regulations shall not be in? terfered with so far as they are consistent with federal control, was reinserted. Other principal provisions of the bill, retained as the conferees adjust? ed them, are those for compensating the railroads on the basis of their net Income for the three years end? ing June 30, 1917, involving an esti? mated federal guarantee of about $495,01)0,000- annually, limiting fed? eral operation to Ul months after the war; authorizing the president to ini? tiate rates, subject to approval by the interstate commerce commission; appropriating $500,000,000 for a re? voking fund for tho director general and placing all "short lines" within the federal system. In the linal debate today, Senator Johnson of California (Republican) said the bill was "unfair and unjust to the people and outrageously gen? erous to the railroads, while Senator Townsend of Michigan (Republican) and Senator Cummins of Iowa (Re? publican) reiterated their criticism of some sections. Some of the bill's principles, said Mr. Townsend, are "subservient of good government." "It Is never proper for a republic to confer blanket power on an execu? tive or a railroad director," said the Michigan senator. "I some times think we are cowards. A bill is introduced and some one raises the flag of pa? triotism and says unless we support this bill, we are not supporting the president. "I would rather be for my country. 1 will support the president whenever ihat is necessary for the successful prosecution of the war." Senator Cummins said he believed the compensation proposed for the roads would "do more to sow the seeds of discontent" than any other measure ever enacted by the senate. "My objection to the bill," said the Iowa senator, "is that it gives unjust, unfair and excessive compensation to a large percentage of the transporta? tion facilities of the United States. "II* it were necessary in order to continue the government of the roads to pay them their compensation, 1 might agree to the provision, but it is I not necessary to pay the roads the sum of money hero authorized." Criticising the rate making provi? sion, Senator Cummins said it was to be expected that the railroad man? agers whom Director General Mc Adoo has gathered around him will continue to urge rate increases. With' in six months, the senator predicted i the rates Will be "substantially in creased." Chattanooga, March li.?Burglars blew open the vault of the Hank of Ringgold, Georgia', last night and es* caped with between four and five thousand dollars. Washington, March 14.?The dock ami channel project for Charleston, South Carolina, at an estimated cost of nine million dollars was Included In the bill under vote by the senate na val committee today. London, March 14.?In last night's air raid one airship crossed to the coast, and dropped four bombs in Hartlepool six dwellings were <;*? moltshed, there ami thirty damaged Five persons were killed and nine in Jured. Esq., Judge of the court of probate of Sumter county, to issue forthwith, and to the petitioner herein, the permit to 11 h it port Into South (Jarollna the al coholic liquors ipeclfied in the afflda vit which was presented to him, and sfr Mich other and further relief ,as petitioner is entitled lo." IESI OF SEAPLANE. GOVERNMENT ACCEPTS FIGHT? ING AIR CRAFT. Machine Equipped WIUi Liberty Mo? tor First of Rig Fleet to Hunt Bub* msrlsjcSi Washington, March 13.?America's first fighting seaplane equipped with Liberty motors has been tried out and accepted, it was learned tonight, and a number of the craft are now being delivered for the use of the naval air service. They are the advance guard of a big fleet Which will be added to the forces engaged in submarine hunting iai the war zone. A second type of lighting plane for the American army, known as the Bristol model, ai o has reached the production stage r.nJ a considerable number wull become available during the present months. Still another type, a two-seated machine, also is being manufactured. Construction details of these planes have neve.- been published. It i known, however, that the seaplanes are substantially similar to the Brit? ish flying boats and are equipped with two Uherty motors which provide approximately 7<>0 horse power. This is understood to be much in excess of the power used in similar British craft and their performance Is expect? ed to be proportionately better. In this connection it was learned that engineers of the aircraft board have overcome the last minor defects of the Liberty motors, having to do with lite lubrication system. Officials in close touch with pro? gress on production of fighting planes in this country are still satisfied thai the output will tax shipping facilities before July, when delivery in quan? tities in France has been scheduled. Already the problem of caring for tie planes on the other side is one to which General Pershing's Staff Ifl giv? ing serious thought. Those produced in the United States are in addition to the fighting aviation equipment to be provided un? der contracts through the French and British governments. There are in? dications that these foreign contracts also are not Up to the original sched? ule of delivery. The success of the Liberty motor is known to have attracted the at? tention of both French and British airservice officials and both govern? ments have had experts in this coun? try studying its construction and methods of quantity production em-l ployed. Meanwhile American engineers are devoting themselves to a study of tin motor to be used next year, which undoubtedly will show a very con siderable increase in horse power over the present 12 cylinder modal There is now time for a very careful Study Of the various types of motors, both of foreign and domestic design, and B decision as to the machine to be made the standard for 1919 Will not be necessary before July. 1 More powerful motors will be I needed for machines to carry such an j armament as General Perching has proposed. In response to an inquiry some time ago as to the gun power Of American lighting plain's, General Pershing recommends at least two heavy and two light machine guns, adding: "We should anticipate the use of three VicUcrs synchronized guns and ? three Lewis unsynchroni/.ed guns on j every air plane." I Washington, March 1.''..?^5amuel Gompers, president of the American Federation of Labor, on behalf of American alliances lor labor and de-j mocracy. today forwarded to the Hus? sion soviet congress at Moscow a,mes? sage of symapthy "to the Russian people in their struggle to guard I freedom." Washington. March 1 1.?To Study the labor situation in the Hampton Roads district of Virginia for recom? mendations concerning wages, hous? ing facilities and other matters, a joint commission was appointed to? day. Washington, March !??.?-Heat ex | ports to the Allies will oe increased fifty per cent and perhaps doubled shortly under arrangements being ne? gotiated by the Food Administration with Allied food representtaix es. The purpoee is to build up Allied meat re? serves from the surplus of the United > Stages. WashingtOO, March 13.?Consolida? tion of eight railway ticket olliccs into one union oflice in Atlanta was ordcr jed today by Director General RfcAdoo. 'The union ollice will be at Xos. 74 and ; 80 Peachtrec street. ; Berlin, March 14.?The German , troops which occupied Odessa were j sent in accordance with an agree i ntent with the Roumanian govern I meat* today's army official statement i announces. WIDOW OP GABFIELD DEAD. Was Wife of Tm mieth Pleotfltojl? Six Gimndsons v.u In torsion of < ounury. Bos Angeles. Cel., Mai eh IS.?Mrs. Lucretla Rudolph Uarneld, widow of ?lames A. Garlieh 20th president of the United States, da d at her winter home in South Pasadena early today. Six of Mrs. Gan eld's Krandsons are in their country's service. Two of tin in now are in Trance. Funeral service:* will he held Sun? day ami members of the family will accompany the body to Cleveland for I urial there. BLA< KMAlld it on TltlAL. Mis. Hirnen Who \t tempted to I a tort Money Iron Mayur Candler, Atlanta, March 14.?Mrs. Margaret Hirsch went to trial here this morn? ing on the charge >f attempted black mail of Mayor Asa O. Candler, for which Iba was ndtcted jointly last month with .1. W Cook, who has al? ready been tried convicted and sen? tenced. Judge Dill permitted her counsel to questioa the talesmen an to their prejudice s, so as to assure the woman a fair trial. The jury, however, was quickly selected, and Mayor Candler aas the first watnesu called. He agaii related the details Of Mrs. Hirsch's \ dt to his office and the alleged attem: t to blackmail him. Sacramento, March 13.?A world's record production of i* 1S.6 pounds of milk was made in the seven days ended last night by liaphaella Johan? na Aggio III, a reg stored Holstein, owned by the Napa State Hospital, ac? cording to a statement today by Owen Duffy, business manager of the hos ', pital. The best previous record was 103.] pounds of milk in seven days, made by Kivers'h? Sadie De Kol! Burke, owned ir .Voodland, Cal. London, Marc); 14.?British raid? ers brought bach prisoners from a f Gern an position near Epehy, south? west of Cambrai "ist night. The offi cial statement to lay also reports th *. repulse of a. German raid in tho Yores sector. Paris, Wednesday, March 13.? French aviators l ave accounted for four enemy machines, according to the statement of the war office to ! night, which also reports a successful Belgian forward movement near 1st*?A I baertzyde. Our New Spring Coats, Coat Suits and Dresses In all the new fabrics and colors await your inspection. NEW SHIPMENTS ARE COMING IN EVERY DAY Time spent in this repart ment will be time well spent - Why not visit us? Shaw 6 McCollum Mercantile Co. 11 South Main Street tu nter. S. C. Phone 68 We are Receiving Daily our Spring Lire of Ladies' Slippers