Historical Newspapers of South Carolina

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IHK SUMTES WAXCHK&K, Si?* Consolidated Aug. 2,3 ELIHUR00T KNOWS IT ALL Tells Court That Congress Ex ceeded Its Authority In En j acting Prohibition Law ?s. ? APPEARS AS COUNSEL OF BREWERS Contends That Congress Had No Right to Proscribe Brew ery Business Without Com pensation. New York, June 17.?Elihu Root declared "congress exceeded its pow ers"* in enacting the war time pro hibition Jaw and that "the collector of internal revenue holds the brewers of the United States in the hollow of his hand** in the course of his argument in the United States circuit court of appeals here today against the gov ernment's appeal to set aside the tem porary injunction granted a month ago' by Federal Judge Hand and May er. The injunction restrains United States District Attorney Caffery and v.: Acting Collector of Internal Revenue MeElligott from prosecuting brewers \ I at interfering with their production \\ ot 2.75 per cent beer, i i "There are two clouds that hang over this action," said Mr. Root. "One is the penalty prescribed under the act of November 21, 1918, which will break UP and put an end to the brew ery business, and the other the com plications arising from the subordina tion of the brewery business to the in , iemal revenue law. "The brewers," he went on, "are J bound band and foot under the law, .even..though they are engaged in the maiiufacture of 2.75 per cent beer. ' They are not only* subject to prosecu tion under the '"war time measure," but to concerted prosecution under ^N^e internal revenue law." i Mr" Root as counsel for the United 'States'' Brewers' Association which is backing the test case made by the Jfccob- Hoffman Erewing Company of New-York, declared that "a business heretofore considered lawful and pro tected" by the laws of the State and the;. United States, is threatened with ? destruction;" '.Tlie^filrmer senator said, there was not occasion for enforcement of the act at this time. Referring to Presi dent ."Wilson's recommendation on May 20 to lift the ban on the man ufacture and sale of malt and vinous liquors, he said: VThe recommendation did not "Specify distilled liquors. but .the president, as commander in chief ol the army of the United States and the person charged chiefly with the conduct of the war, stated that de mobilization had so far progressed that he regarded it safe to resume the manufacture and sale of wine and * beer." Mr. Root said the complainants die not challenge the power of congress to call for the sacrifice of any and al property rights in defense of the na> Uon, but urged that their business should not be sacrificed without com pensation. "When congress, in November '1918, passed a law governing matters regulated by the States alone, anc which should remain in force aftei the necessity for it no longer exists then congress exceeded its powers,' concluded Mr. Root. Assistant Attorney General Fitts who followed Mr. Root, denied the right of the federal district court tc enjoin the United States attorney from enforcing the criminal statutes jof the United States. , "The question is," he said, "car any litigants come into a United States court of equity a day in ad vance, professing wealth and with learned counsel and say: 'There is a criminal law I desire to offend as&inst. I have got it in my wicked heart to do so. I want the equity court of the United States, by solemn decree, to advise me and I will gc ahead and violate the law.' Such a right has never be*m granted to anj litigant. If it were, what would be come of our institutions?" The bill, Mr. Fitts added, was pass ed as a war measure and is effective Until the president declares that de mobilization is complete. Mr. Fitts said the constitutional^ of the war time prohibition act has befcn established by decision of the su preme court no longer ago than Mon day a week ago. No intimation was givpn by thf court as to when a decision in the case could be expected. It was said by both sides that no matter what the decision may be. it is likely that the case will be carried to the United States supreme court. Government for Danzig Inter-Allied Commission to Be Created Paris. Junf1 19.?The council of for eign ministers is considering a plan for an inter-allied commission to ad minister the port of Danzig, through which Poland has been given an out let to the Baltic sea. Mexico City. May ,9.?A technical commission from Argentine which wi! investigate the Mexican petroleum districts, is accompanying the Argen tine minister. Manuel Malgraim re turning to Mexico. jfefced April, 18(0. "B* Jon i L881. HUNS WILL I SIGN TREATY - ! Statement of Schneidemann j Forecasts Surrender as Com i plte as at Armistice BLUFF OF GERMANY HAS BEEN CALLED I Nothing Left to Germans But to Acept The Peace Decided by | Victorious Allies. - :j "Weimar, Tuesday, June 17 (By the J Associated Press)?Philip Scheide I mann, the head of the German cabi :! net, in speaking to the peace com ;j mission of the national assembly here ! j today declared that the allied reply j to the German counter proposals j without the complete text, did not yet j permit of final judgment and that pre j mature action would be a mistake, j " There is nothing new in the sen , eral accusations made against the Ger man people," said the premier, "but we must note with regret that the allies have rejected the proposal for ; the establishment of a neutral tribu nal which alone could impartially ex amine these accusations. It also is lamentable that the whole nation should be charged with the offenses ! and crimes alleged. "This charge is to constitute justid v cation fo- the heavy conditions which according to the second section of rhe covering note, are to be imposed on the German people. "The justification put forward for the projected settlement in the East permits of-little hope that we can reckon for substantial conciliations in the detailed memorandum." "In view of the obscurities at pres ent," the premier said, 'and the fact that all the material is not yet to hand, a decision cannot be taken to day, Tuesday. Only the final and i complete text of the enemy's answer can furnish a basis for deliberations j between the government and the peace ! j committee. ,1. j Paris, June -19.?While admitting r th?jt it has littje^.direct, or eompren sive information regarding the Ger ; man attitude toward signing the peace ! treaty the American delegation to the peace conference is optimistic in its ; view of the situation. The delegates j are not disturbed by newspaper re > i ports from Germany received here j of an unfriendly nature toward the : I revised terms. . ,j -__ j Pensions for Veterans Apportionment on ?40 and $32 [\ Basis lj Columbia, June IS.?The Sate pen sion board,; which has been in ses I j sion the last two days, adjourned yes >1 terday afternoon. Another meeting II will be called within the next few - j weeks to complete all details as to the s i distribution of the extra $100,000 ap - j propriated att he last session of the j genor-dl assembly for Confederate A veterans, who heretofore, had not re 3; ceived any pensions. The lists of 1 j awards have not been completed. *! W. D. MoLaurin. pension commis ] eioner. said yesterday that the com mission had erolled of these about j 2;800 veterans. These are divided into . two classes, the classification being : determined by physical condition, : financial circumstances and age. The ! more indigent class will receive $40 and the other $32. There are about j 450 in the first class and about 2,300 jin the other. Members of the State pension board ftare: D. W. McLaurin, commissioner. 'Columbia; John Ahrens, Charleston; J. ;E. Craig. Chester; George M. Hannah. i Cross Hill, and James C. Sellers, Sei i lers. Labor Condemns Judiciary ; Alleges That Judiciary Courts j Have Usurped Functions of Government i Atlantic City, June 19.?The Amer i ican Federation of Labor in a resolu . tion adopted at its convention here today condemned what were declared ? to be usurpations by the judiciary of the government's legislative and exe cutive powers and recommending thai organized labor disregard injunctional decrees of the courts, on the ground that such decrees violated the rights guaranteed under the constitution. British Navy Ready Grand Fleet on a War Footing And Prepared tp^Act London, June 19.?Tin- morning newspapers feature British naval and other preparations for action in the event Germany refuses to sign the peace treaty, and print under big headlire-s the unofficial reports cur rent during the night that the grand fleet is again on a war footing. It is reported to be ready to sail for Ger man waters on a moment's notice. A Copenhagen telegram reports the ar ? ?val there of a dozen British cruis-rs and several destroyers prepared to enforce the blockade. tnd Fear not?Let an the endi Tbon At S?MTEB, S. C, SATTJ WILSON GUEST > OF BELGIANS _ (Visited Charleroi to Inspect Coal Mines Destroyed by Germans I KING ALBERT HIS GUIDE AND COMPANION President Also Attended' Ses j sion of Chamber of Deputies I and Called on Cardinal Mer j cier. - Brussels, June 19.?President WiF son.began his second day of his Bel gian visit this morning by motoring to j Charleroi with King Albert- King Albert expected to show the presi dent the destruction wrought by the Germans in the mines at Charleroi. Mrs. Wilson did not accompany the party as she was fatigued with yes ' terday's journey. A '.uncheon at the American Legation, the appearance of the president in the Helgrian chamber of deputies and his meeting with Car dinal Mercier at Malines were a feiHr of the features on today's program. .???! Daylight Saving Unpopular Congress Will Repeal Law Octo ber First i ____ Washington, June, 18.?Doom of the daylight saving inaugurated as a war measure was pronounced to-ta.y by congress, both senate and house (adopting by overwhelming votes ! measures to terminate operation of j the law when the period of summer i time ends next October 26. j The house, after three hours' de-t jbate by a vote of 233 to 132, passed' a bill to repeal the law on the .last Sunday in next October, but rejected an amendment to make the repeal ef fective at once. The senate, by a vote of .56 to ? after brief ?-?discussion, added a rider ] to the agricultural appropriation biil which it pased late today, providing repeal of the daylight measure on the same date fixed, by- the house bill. Th* conference measure now goes tc conference with the agricultural bill and the house bill is to be sent to the j senate. It is . considered likely that I th<> senate amendment will be finally substituted for the house measure. Action of congress therefore means continuation of the present closing time this summer and early fall with jreturn to sun time October 2C, end j ing two years operation of the day J light saving plan. Members of both senate and house, in advocating repeal of the law en acted March 19. 1918, said they were guided largely by wishes of farmers and laboring men who oppose the ad vanced working hojurs during the ! spring and summer seasons. Oppo nents of the repeal legislation declar | ed the extra hour of daylight was a I boon to city dwellers and asserted i that others easily could adjust their i : affairs to conform to the advanced ?clock schedule. j More than two scores of house jmembers participated in the debate, jbut as most speeches were limited t< ;a few minutes, all obtained permission ;to extend their remarks. } Senate discussion was confined j virtually to addresses by Senator La iFolIette, Republican (Wisconsin), j champion of the repeal rider, and Sen ator Ca!d?jr. Republican (New York),; 'author of the daylight law. The six! jsenators who voted against the repeal ! 'rider were Caldor.f FrelinghuysenJ I Newberry; Page. Phipps and Robin-j I son. all Republicans ?oeefpt Senator, : Robinson. I - i j Germans in Quandary j Cabinet Opposed to Treaty But; Fear Bolshevism : j ! ' - i Weimar, Tuesday, June 17.?Xo ; statement has been issued by the Ger-1 ; man cabinet on the allied reply to j ?the German counter proposals, but j the Associated Press learns that the! sentiment in cabinet is almost unani-j 'mously against signing the treaty, the-' ionly objection to this course being the," (possibility of Bolshevism and chaos in] i Ge rmany. Council Marks Time All Decisions Have Been Post poned Unlrl Friday Paris, Tuesday, June 17.?No do-j ; o is ions were reached at today's session, of the council of four and all reserv-j . ed subjects were put over until Fri jday when it is hoped final disposition; i will be made of them. Wilson in Belgium President and Wife Guests of ! Belgian People Adinkerke. Belgium, Juno 18.? j President Wilson. Mrs. \\'ilson and j : nnrtv arrived h**re from Paris tbis morning. They were met by King [Albert and Queen Elizabeth and soon! ,afi"r left by motor for a trip over the; ' Btd^ian front. mtt at be thy Country'*, Thy God'l I RDAY, JUNE 21, 1919. ANARCHISTS PLOT REIGN OF TERROR j Wholesale Bomb Outrages It Is Said Will Be Attempted Next Month SECRET SERVICE WATCHING ANARCHISTS Large Force of Agents of De | j ? > . partment of Justice on Guard "Washington, June 18.?The menace of bomb outrage? still hangs over the country in the belief of officials of the department of ?ustice. William J. Flynn, chief of the de partment's bureau of investigation, said today that he believed there were more "bombs to come," but saidvit was impossible to- ...say when. 'the next attempt to create. a rergN'?f^terrnr by explosions mfeiit be. made. Supplementing: * Mr. Flynn's state ment, rher "department tonight made I public testlnaony of Attorney General I Palmer TSfefore the house appropria i! ticns 'e^nunittee asking for aj special fund of "1500,000 to carry on the hunt ^br radicals. The attorney general told the committee, as the testimony revealed, that government officials had been advised of a day set for another attempt by radicals "to destroy the government at one fell swoop." "We have received so many notices and gotten so much information," Mr. Palmer told the committee at his re cent appearance, "that it has almost come to be accepted as a fact that on a certain day in the future which we have been advised of there will be an other serious and probably much larger effort of the same character which the wild fellows of this move j ment describe as a revolutioit propos j ing to rise up and destroy the govern I ment at one fell swoop." Mr. Flynn said he . knew of no plot j planned for Independence Day, and j emphasized That every precaution was j being taken by police throughout the j United States. He expressed the be I lief that eventually those involved in I the recent ou,tr:>^es would be brought J'tp justice. - ? ? - . - I ? "We know the source from which ! the bomb u. erators have come," Mr. ! Flynn said. "The agitation is purely ! domestic and has no foreign, connec ; tion, although there may be some for-1 j eginers active in it. It will take j J some time to clear up the cases, but i j we are making progress." : Mr. Flynn suid investigation of the] j recent attempt on the life of Attor- j j ney General Palmer revealed that two j j men were involved and that only aj j miscarriage of the plotter's plans pre- i j vented the attempt being carried out j successfully. In tracing the source of the explo sions, it has been established, he said, j that the man killed here was in New ! York two weeks before he met his I death, but his identity still is un ; known. Arrests being made throughout the| country include many persons not! [connected with the bomb outrages.) Mr. Flynn said, but who have beenj j under surveillance and are detained ? ! for further investigation. I Responding to the attorney gener- i |al's plea. the house apprpriations j ; committee today recommended that j the requested appropriation be grant- j ! ed by congress, the special fund to be j j eluded among the items of the sun-j dry civil appropriation bill which willj ;be taken up tomorrow by the house. i -? ! French Warship Disabled !_ i American Transport Takes Off President of Brazil \ I Washington, June 18.?A wireless j message to the navy department this! morning announced that the French ' cruiser Jennae D'Arc had been dis- ' abled at sea and the transport Im perator had taken off Dr. Pressoa, j president-elect of Brazil and his: party, who were en route to the Unit-1 ed . States from Portugal. The Im-1 perator is due at New York tomor- \ row. A later message said Hie armyj transport Mongolia was towing the Jeanne D'Arc to the Azores and good : progress was being made. ! New Farm Loan Bonds _________ i ? Issue of Fifty-Four Million Dol- j lars Announced Washington, June 17.?The farm ! loan board today announced a fourth {' corning issue of $5-*.000.00?' in 4 l-:1 ?; per bonds of the federal land bank*: i The present issue will be sold at 100 1-2 direct to investors by the 12 fed- ', oral land banks and by a nationwide : gre?**> of investment banking houses. ' The last general offering of these' * bonds a year ago was absorbed quick ly and the securities went to a com- ' siderable premium. The forthcoming! issue anticipates the needs of the land banks for some months and i.<? further H offering is expected before December. ] The new bonds, which will no vir? 1 tually tax exempt, will be issued in * denominations as low as $25 to make . ' them attractive to small investors.\' They will be payable in five years and .1 due in 20 years. Up to May 31. the U federal land banks had issued $-07.- ? j 500,000 in bonds. - * MA Tratb'e.* THE TBU HIGHWAY BOARD INCREASES FORCE Statewide Application for Fed eral Road Aid the Cause TYPICAL ROAD PRO JECT IS CITED Checking System Requires That Three Groups of Engineers Approve All Plans. Columbia, June 15.?The fact that forty-two out of the forty-six counties of the State have applied for all or parts of their allotments of federal aid for road or bridge building has forced the State Highway Commission toexpand its engineering forces both in its ? office and in the field. Each new road or bridge project approved for federal aid by the State Highway Comjnision calls for a large amount of expert engineering work, both in the field and in the office of the com mission, before the United States sec retary of agriculture can legally ap prove it and cover the funds dollar for dollar which the counties have available. The field work and office work done by the engineers and draftsmen em ployed by the commision is an in teresting phase of its activities. The public is much more familiar with the commission as the branch of the State government to which automo bile license fees are paid. Unlike highway commissions in some States the South Carolina commission pays for all engineering work done on the State highway system in connectior with securing federal aid for building roads and bridges. On January 1, 1919 the employees of the State Highway Commission in its engineering section consisted of the following: Acting State Highway en gineer, l; office engineer, 1; chief field engineer, 1; chief draftsman, 1; as sistant Held engineers, 2; resident en gineers. 2; draftsmen, 3; total, IK On June 1, 1919 in its engineering section the State Highway Commission had the following^ e^miToyesT State highway enginec, 1: chief of construc tion, 1; chief of surveys, 1; chief in spector. 1; bridge engineer, I; office engineer. 1, chief draftsman, 1; chiefs of parties. 5; field engineers, 12. res ident engineers, 11; draftsmen, 5; To tal 40. As an instance of the demands made on the engineering forces of the State Highway Commission by each road or bridge project it approves for construction with federal aid, the story of the work on project No. 9, in New berry County, being the road between Little Mountain and Prosperity is ty pi The aplication for federal aid on project No. 9 came to the State High way Commossion in the prescribed form of a resolution signed by J. C. Sample, chairman; S. J. Cromer and T. C. Livingston, members of the board of county commission for Newberry county. This resolution designated the stretch of road to be constructed with federal aid and stated that the board of commisionars had available sufficient funds to cover the federal money spent on the project dollar for j dollar. As soon as possible after this reso lution was received by the State High way Commission sent a party of en gineers to Newbery County to make the necessary surveys. The party was composedof a transitman, a level man and one rodman; necessary assist ants are provided by the board of county Commisioners. On project No. 9 this engineering party ran 5.63 miles of transit lines. 5.63 miles of level ? lines and 5.63 miles of cross section The data compiled by this field party i enabled the highway commission to! locate the road properly, see that its! evades were as low as possible and to ; determine the number and nature of j the drainage structures along it and j across it. It also enabled the com- j mission to eliminate three of the four! railroad crcsings on this short stretch' af road. In this instance the engineer in j charge of the field party came back I 10 the office, after finishing his field ? work in about two weeks, and pre-' pared a statement of project No. 9 on; i form prescribed by {he United States ' Secretary of Agriculture, which the; State Highway Commission approved) tnd forwarded to the United Slates en-[ ?ineer in charge of this district, whoj sent it. aft<?r he approved it. to the j Federal Bureau of Public Roads, from! i ivhence it went for final approval to; the United States Secretary of Agri-j mlturo. In the meantime, the office, staff of the State Highway Commls-J ;ion drew the necessary plans for! project Xo. 9, using the data secured I >y surveys made by th,e field party, j these plans, made up of twenty-threei sheets were sent through the same j channels as the project statement and' vere finally approved by the United : 'tnte Secretary of Agriculture. After the plans for project No. 9 ? vere aproved the Federal Bureau of. biblic Roads drew up a project agree-'; nent giving the unit prices for mater- |j als and specifying the total amount of, id which federal government would , expend in the project. After this:< greement was approved by the State!, lighway Commission contractors were :< sked by advertisement to bid on the 11 ob. Bids on the work were opened i < nd the contract awarded to C. C. Jor-13 E SOOTHBQS, EtUkbBdMd Jaae, W? V0I.XLVIII. No. 37. 'HOT SESSIONS OF i LABOR MEETING - t _. ... .. (Radical Element Demand Rec 1 j ognition of Russian Soviet By America j AMERICAN WORKING MEN OPPOSE MOVEMENT ' i ? ? .' 3t ?? j _ / j ? i jGompers and His Supporters j Take1 High Ground Against j Lawlessness.' - 1 Atlantic City, June 17.?Amid gen | eral uproar delegates attending the j convention here of the American Fed jeration of Labor today refused to in dorse recognition of soviet Russia, al j tnough urging recognition by the United States of the existing "Irish republic" and voted against the gen- . eral strike proposed for the Fourth of . July in behalf of "Tom" Mooney, con victed in connection with the pre j paredness day bomb explosions in Sai? Francisco. Discussion of Bolshevism developed when the resolutions committee re- . ported resolutions asking withdrawal from Russia of American soldiers but refused to report others demanding recognition of soviet Russia and lift ing of the blockade of Russian ports! The committee refused to indorse rec ognition of the "soviet or any other form qf government in Russia until ; the people of that country by con stituent or other form of national assembly shall have established a truly democratic form of govern j ment." I The debate was said by veteran {labor leaders to have been the most bitter they ever heard. It followed rejection by the convention over the strenuous protest of the radical, group of a proposal to change Amer ican labor day from the first Monday in September to May 1 "as a . bond of affection to unite all the world- of j labor into universal brotherhood." Samuel Gompers, president of the i federation led the fight against the ! May day resolution aserting that j American labor day was a "day ,?jov ] American labor" and not a"t."poTitical :" I event" ?s it was in Europe^ j Numerous delegates took part ? in the debate on Bolshevism. Peter.Bol j lenbacher of the Pastale Federation ! of Labor protested against the rejec j tion of his resolution which called : for the lifting of the Russian block j ade, because he offered it on humani j tarian grounds, to bring about relief 1 j of women and children. John P. Frey I of Cincinnati, delegate of the m?uld I ors, and chairman of the committee j replied that organized labor was go- ? j ing to insist on recall of all American j trooops from Russia, but that it could j hardty favor sending food there for ; fear the Bolsheviki would get it in I stead of the women and children, j "Many more men than we ever had j in Russia." he added, "would be nec essary if it was to be insured that the j food and clothing sent there to re f lieve the masses would reach their ! proper destination." j In response to further argument by ! radical delegates, Mr. Frey declared I that the soviet question had been I brought to America and into trade i union meetings and that he and the [other members of the committee were j of the opinion that the convention j should declare in no uncertain terms j where American labor stood, j "Either we should support. the soviet." he asserted, "or we should declare our disapproval of it and all tilings associated with it. We should do the latter if we believe in a demo cratic form of government maintained by popular elections." Peace Delegate Resigns Dr. Morrison Does Not Approve Of Russian Policy ; Paris, June 19.?The American peace delegation has accepted the resignation of Dr. S. E. Morrison, as a member of the section of Russian exports, who represented the United States on the Baltic commission. Dr. Morrison resigned because he did not approve of the exchange of notes be tween the allies and Admiral Kolchak, head of the Omsk government, believ ing that Russia cannot be restored through allied cooperation with the Om^ government. dan, of Gaffney who has begun work and has the grading well under way. hTe connection of the State High way Commission with project No. 9 did not cease with the awarding of the contract. The State Highway Com mission employed a resident engineer who was put on the job as the com. mission's representative to see that the contractor lived up to the contract he had entered into to build project No. 9 aeording to the commission s pian as approved by the federal au thorities. What hapened on Project No. 9 must happen on all projects for which federal aid is secured. All plans mast be approved by three groups of en engineers and although this seems a superabundance, it affords a series of splendid checks, which enable the counties in South Carolina to get the best for money they spend on high ways in connection with the money provided by the federal government. '