Historical Newspapers of South Carolina

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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the Courts of this State and the decisions thereof, believes and submits that the order mentioned above should be rescinded upon the following grounds: 1.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 the hardest conditions. It must withstand the severe 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 most in Republic construction. Your satisfaction is de termined by the dependability of the motor truck you buy, and this dependability, must, in turn, be the nat ural outgrowth of recognize! high quality and simplic ity of design. 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.