Unique Legal Question
Attorney General's Office Pre
sents Appeal to Judge
The appeal of the Attorney Gener
al's office presented yesterday by
Capi, Morris Lumpkin, Assistant At
torney General to Judge K. H.
Townsend, now presiding over the
court of Common Pleas for Sumter
county, judge of the Fifth Judicila
Circuit, to rescind his order of ha
beas corpus releasing from custody
Isaac Murray and Christian Harris,
wanted at Augusta. Ga., for alleged
burglary -was refused by the jurist.
Recently the accused men were ar
rested by the chief of police of Sum
ter and he was directed on an extra
dition warrant by Governor Cooper
to turn them over to the Georgia au
thorities.
It was then that Judge Townsend,
on petition of the attorneys of the
plaintiffs, issued his writ of habeas
corpus nullifying the I requisition of
Governor Dorsey of Georgia, and the
extradition -warrant of the South
Carolina executive. The conflict of
authority between two coordinate
branches of the State government
presents an unique legal question
which may have to be threshed out.
in the State Supreme Court.
The petition and the order of Judge
Townsend follow:
To Hon. W. H. Townsend, Presiding'
Judge. 3rd Judicial Circuit, Sumter
County: j
Your petitioner respectfully show?
that he appears for the Attorney Gen
era! of South Carolina upon the re-1
quest of His Excelency. the Governor I
of South Carolina to submit to the j
Court that the order made herein of
date March 25th. 1919, in the above !
entiled proceeding, releasing from the j
custody of the officers of the law the j
persons above named, should be re- j
scinded.
Your petitioner would further j
show that the Governor of South
Carolina while greatly respecting the
Courts of this State and the decisions
thereof, believes and submits that
the order mentioned above should be
rescinded upon the following grounds:
1. That duly authenticated papers
of extradition were submitted to him.
the Governor of South Carolina 'ry
the agent of the State of Georgia and
that upon such papers he, the Gov
ernor of South Carolina issued his
warrant for the delivery of the per-]
sons to be extradited to a person cer- j
tain i. e. R. J. Morgan the duly ap
pointed agent of the State of Georgia, i
2. That the function of extradition j
is one purely and solely for the ex- j
ecutive and , to be exercised by him i
alone.
3. That the issuing of the warrant j
by the Governor of South Carolina!
was, is and should be conclusive as ?
to the propriety, sufficiency and valid- j
Sty of the extradition papers forward- j
ed by the Governor of Georgia to the
Governor of South Carolina. i,
4. That the warrant issued by the i'
Governor of South Carolina in this '
case is the only authority necessary!
to. vest the agent of the State of i
Georgia with full power and author- j
ity to take a fugitive back to the
State from whence he was fled.
It is therefore respectfully submit-!
ted that the agent of the State of j
Georgia in this case, having with him j
a warrant of authority from the Gov- i
ernor of South Carolina was entitled j
to receive and take the prisoners in j
question back to the State of Georgia;
without further evidence of the rea- j
sons for his arrest or for the action 1
of the governor of South Carolina in
honor::;g the extradition.
That this Court was therefore with
out jurisdiction to pass upon the ac-,
tion of the Governor in issuing his1
i warrant as aforesaid and the order of
this Court of date March 25th, 1919
i should therefore be rescinded.
Respectfully submitted,
j Morris C. Lumpkin, ,
I Assistant Attorney General for South
! Carolina.
Upon hearing the Assistant Attorn
ey General in support of the fore
going application to rescind the or
[der of March 25. 1919. and .Messrs.
jClifton, Jennings and Harfoy. contra:
! li is ordered that the application
'to rescind be. and hereby is, refus
I ed.
j W. H* Townsend.
Presiding Judge.
Sumter. S. C, April 2nd. 1919.
I_
Graham-Kelly
-
j Popular Couple From BishopviHe
j Marry in Columbia
j Columbia. April Z.?Mrs. Cora Gra
ham and J. Baron Kelly, both ofj
j BishopviHe, were married Sunday
evening at 9.30 o'clock at the home
of the bride's sister, Mrs. Thomas B. j
Williams, 1709 Senate Street; the Rev.!
Mr. Fountain of the Baptist Church;
of BishopviHe officiating.
The wedding, though simple in the \
extreme with no attendants and only;
near realtives and a few intimate j
friends present, is an event of inter-1
est to the wide circle of friends ?
whom the bride and bridegroom pos- j
sess in BishopviHe.
Mrs. Williams' home was beautiful- \
ly decorated in potted plants and <
spring flowers and after the ceremony j
a delicious ice course with weddingi
cake was served The bride wore a
stylish traveling suit of midnight
bine with hat and accessories to
match and the couple left immediate-!
ly for a tour of Florida, after which
they will go to BishopviHe, where a
beautiful new home awaits them.
^he bride was before her first mar-;
riage Miss Cora Myers of Camden, a|
young- woman of engaging manner
and of exceptionally sweet character/
who is widely beloved wherever she!
is known.
Mr. Kelly is a prominent merchant
of BishopviHe and is one of the best j
known men in his section of the j
State. ' 1
NOTICE
AH persons holding warehouse cor- j
tificates of The Sumter Cotton Ware- j
house Company for cotton stored on
the compress platform or shed No 1, j
are requested to deposit with the un-j
dersigned, a Committee appointed by
all of the Banks of Sumter, thej
warehouse certificate representing!
said cotton, and to receive from said J
Committee a proper receipt for such !
certificates so deposited, which re- j
ceipt is guaranteed by all of the;
Banks of Sumter. It will be neces
sary for the undersigned Committee
to have all of the warehouse receipts
so as to enable said Committee repre
senting: the Banks of Sumter to co
operate in the adjustment and settle
ment of the insurance covering said
cotton. The warehouse receipts may
be deposited with either member of
the undersigned Committee.
C. G. ROWLAND,
J. P. BOOTH,
I. C. STRAUSS,
Committee, j
Paris, April 2.? (By the Associat
ed Press).?It is officially announced J
that Gen. Jan Christian Smuts, mem
ber of the British league of nations
commission, is proceeding to Hun
gary to investiga** certain problems
arising from the armistice, owing to
the supreme council's desire for fur-]
ther information. j
Cotton Market Up
More Favorable European News
Comes
New York, April 2.?More favorable
European news and a renewal of for
eign and domestic trade buying caus
ed a further advance in the cotton
market early today. The general list
closed steady at a net advance of ZD
to 4 0 points on the- new and of 10
to 36 points on the old style contracts.
The market opened firm in re
sponse to the firmer Liverpool cables.
Notwithstanding reports that Lan
cashire mills using American cotton
would close for 14 days this month |
because of poor trade, the strength
of the English market was accom-1
panied by reports of small offerings
and an increased spot demand. Houses
with Liverpool connections were good
buyers here while the reported lifting
of the blockade on German-Austria
ar.J talk of increased offerings of
ocean freight room also made a bull
ish impression on sentiment. Later
the buying appeared to be further
stimulated by reports that the peace
conference had received definite pro
posals from the Russian government
to end hostilities with all active
months making new higher ground
for the present movement.
The reported suspension of a stock j
and cotton exchange house was fol
lowed by a flurry of Wall Street sell
ing during the early afternoon but it
was understood that the interest of
the firm in cotton was a very small
on and the incident was not an im
portant factor. Later, however, the
market was easier under realizing
and reports of increased spot offer
ings. Oid style months were again
very quiet, opening one to 10 points
higher compared with advances of
15 to 24 points in new style months
and closing at a net advance of 10 to
36 points.
Not a Fable
It was Mr. Nathan Straus who sug
gested, when I presented myself as a
contributor, that possibly I might wish
to adopt the fable form and write in
the homely vernacular of the streets.
If I seem to disregard this suggestion
from a man for whom I have a most
overwhelming regard, it is because the
use of the colloquial American speech
as distinguished from the precise and
formal vocabulary of our British Al
lies, might seem to imply a playful
and bantering treatment of a situ
ation which is pretty much devoid of
playfulness.
One of the immediate rearrange
ments of this war has been to blow
away, as if by shell, a lot of rigid
and conventional barriers which di
vider] ami separated races and reli
gions and so-caled ?"classes." The
fact that Nicholas Romanoff was
Stood up against a "wall and shot by
his own soldiers may set down as
one of the surprises of the war but
if you want a real miracle, observe
So] Rosenfeld, formerly of the Eagle
Clothing Store, now installed as a
social favorite in the recreation circles
of the Knights of Columbus! ?
The Nebraska plow-boy and'the ex-i
quiste dancing man who used to hang
around the Biltmore are now "Bud
dies" together and caked with the
same mud. It is unbelievable, but it
is true.
The artificial areas may b^ re-estab
lished after the war is over but just
now the dust of a common service has
made us all one color.
So far as war helpfulness is con
cerned, there is no difference between
the Jew and the Gentile at present
except that the Jew gives in larger
amounts.
Some persons who are annoyed by
Toppy red beg*, tidy
red tin*, handsome pound
and half-pound tin humi
dor*-? and? that classy,
practical pound crystal
glass humidor with
sponge moiatener top that
keeps the tobacco in such
perfect condition.
PUT a pipe in your face that's filled cheerily brimful of Prince
Albert, if you're on the trail of smoke peace! For, P.A. will
sing you a song of tobacco joy that will make you wish your
life job was to see how much of the national joy smoke you
could get away with every twenty-four hours!
You can "carry on" with Prince Albert through thick and thin.
You'll be after laying down a smoke barrage that'll make the
boys think of the old front line in France!
P. A. never tires your taste because it has the quality! And,
let it slip into your think-tank that P. A. is made by our exclu
sive patented process that cuts out bite and parch?assurance
that you can hit smoke-record-high-spots seven days out of
every week without any comeback but real smoke joy!
R. J, Reynolds Tobacco Company, Winston-Salem, N. C.
CW/ of the Road
f _ . . __~
When you take the highway this spring you want'a car thai
permits you to enjoy your outing. It must take the road*
efficiently and with comfort, operate at low cost and inspire
pride in its appearance. Mode! 90 is just suck a car. The ap-^
preciation of 600,000 Overland owners has built up manufac--;
turing methods that make possible the unusual value of
^iklodel 90 atlts economical cost.. Get your.Model.90..now.;'
OVERLAND SALES COMPANY
Sumter, S. C.
x ? ?
'?rertwrf Model 90 Five Passenger Touring Car $985; f. ?. b. Toledo r -. _ '__
Come to our store
the masterful assertiveness of the
Jewish race in the world of trade and ,
among the learned professions say that i
the Jews are too absorbent in their j
ambitions. They go out to harvest the
entire crop. This seems all wrong to i
spectators who are sitting under the j
trees, resting.
In any campaign to feed the hun-:
gry or lift up the stricken or shelter
the homeless it is taken for granted as
a matter of course that the Jews will1
do their full share and then oversub
scribe a little. They are accustomed
to do things in a big way and not dis
mayed by ordinary- tasks.
Now they are up against an extra-'
ordinary task: an undertaking, vast in,
proportion, hedged in by appalling
handicaps. The American Jewish He- ?
lief Committee is endeavoring to save
from starvation 5,000,000 Jews who
are the helpless victims of the Ger
man Terror. Between the committee in
New York City and the unfortunate
refugees or penned-iri prisoners that'
they are trying to help are open sea-s
and devastated provinces and great |
armies locked in battle.
It can be done and the commtteej
will do it. It will get money and fond j
to the helpless victims, even if in the j
farther and remote parts of Europe :
if it is backed up and supported here i
at home.
I have lived in several towns but I
cannot remember the names of a place
in which Jews were exempted from j
;ontributing to Gentile funds. The call i
of humanity knows no foreign lan- i
guage, no racial dialect, no favored
accent.
If every citizen of America who hasj
been somewhat directly the beneficiary;
of Jewish phlanthropy should now j
come forward and help the American j
Jewish Belief Committee the necessary j
funds would be ready tomorrow, i
They should come forward.
George Ade.
THE MEETING SUNDAY AFTER- ?
NOON.
i
The meeting next Sunday after-!
noon in the Opera House at half
past three o'clock in the interest of.
the Jewish Relief Work promises to j
he a most interesting one in every
way. Of course the great cause of;
the relief of humanity will be the i
first consideration in the hearts and
minds of the people; but efforts have j
been made to make the meeting an j
unusually attractive one. ]n addi- j
tion to the sacred concert to be given
by the trio sent by the Alkahest Ly- '
ceum System of Atlanta, there will be;
a sacred song recital by Mrs. Marie j
Nicholson, and an address by Doctor j
J. A. It ice.
Doctor Rice needs no word of in- |
troduction to this community. He j
has made a marked impression since;
lie has been in Sumter and all will he
very much pleased to hear him.
Mrs. Nicholson of New Yory city ;
has been in the city but a few days:
but during that time she has delight
ed a number of audiences with her'
charming voice. Mrs. Nicholson very
graciously consented to postpone a
visi: to Charleston in order that she I
might help on Sunday afternoon.
At Home.
M.s. A. <\ Phelps and Mrs. T. C.
Strauss were hostesses on Tuesday
afternoon at a reception held at the
beautiful home of Mrs. Phelps on
Washington St. The spacious rooms
were elaborately decorated with a
profusion of spring flowers. The nu
merous guests who called during the
afternoon were received by Mrs.
phelps and Airs. Strauss, assisted by
Mrs. Terry ??toses, Jr., and Mrs. R.
C. Williams.
Tn the dining room, the punch
bowl was presided over by Mrs. f.
A. Ryttenberg, and a salad course
was served by Misses Dorothy Phelps.
Ethel Green and &pm Aiosea* j
The residence of Mr. Geo. E. Brun
er on South Harvin Street was dam
aged by fire Wednesday. Before the
fianv-s were gotten under control by
the fire department the greater part
of the roof was burned off.
Paris. April 3.?A belief that the
peace preliminaries to be imposed on
Germany will be ready before Eas?er,
unless something unexpected arises,
was expressed by French Foreign
.Minister F'ichon yesterday in replying
to questioners at a banquet given by
French republican journalists, accord
ing to Le Matin.
Adis, Abyssinia, Wednesday, April
>2.?A grandson of King Johnnes,
who died in 18S9 has revolted and
declared himself king under the name
of Theodore. The government has
sent a punitive expedition to' put
clown the revolution. \
Geneva, April 3.?Field Marshal
Von Hinder.burg, with a large staff
has arrived at Gliwice, Northern
Silseia, and contrary to the terms of
The armistice has ordered a general
mobilization in that region, according
to dispatches to the journal de Geney
SEVEN MODELS
A Truck For Every Purpose
Dependability is the first and most important fac
tor to be considered when purchasing a motor truck.
The truck must be able to make satisfactory time??
winter and summer?over all kinds of roads, and under
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strains to which a motor truck with its heavy load, is
subjected. In other words it must be "always on the
job." This fundamental truth is recognized as fore
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termined by the dependability of the motor truck you
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ural outgrowth of recognize! high quality and simplic
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The most severe every day tests have proved the
success of the Republic, and made them stable, and this
stability has resulted in successful performance.
An expert mechanic will be on hand at all times to
give Republic service.
kins
107 S. Kanin St.
Sumter, S. C.