Historical Newspapers of South Carolina

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DECISION IN GAS RATE CASE Rendered by United States District Court of Appeals in Case of Sumter Gas and Power Co. vs. City ? of Sumter -?-,. I The following is the full text of; the decision handed .down in the United States District Court of Appeals'in the case of the Sumter Gas and Power Comapny vs. The City of Sumter. which involved the matter of rates that the company is permitted to charge, the case having been taken on. appeal from a ruling by Judge H. A. M. Smith 3 iri injunction proceedings in the United States District C>urt . United States Circuit Court of Ap peals. Fourth corcuit. Sumter Gas & Power Co.. Appel-' ? lant, Against. City of Sumter, L. XX. Jennings, D. R. McCallum and &+< A. Pvaffleld, as Composing, the xCity Council, Aypelles Appcal from the District Court of ! the United States *qr the Eastern j District of South Carolina, at Char leston. (Argued June 2, 1922.. Decided I July 17, 1922). Before Knapp, Woods and Wad- j dill. Circuit Judges. G. p. B. Rivers and R. O. Purdy j vPurdy & Bland and Hagood, Riv- i ers & Young on brief) for Appel- I lact, and A. S. Harby and R. D. I Epps (Lee & Moise; Epps & Levy i and Harby, Nash . & Hodges on brief) for Appellees. Woods. Circuit Judge: * On September 26; , - 1911, the ! council of the city of Sumter pass- j ed. an ordinance granting to Ed- j ward L. Rieha. his associates, sue- j csesors and assigns, for the period ! of fifty years the rignt to operate ? gas works in tne^eity? and for. that j purpose to lay mains under the ! streets, lanes, alleys, side-walks, j public squares arid , places. The" or dinance provided when the con- ! sumption by public ahd private use i was less than thirty million feet a| year the charge should not exceed ! ST.50 a thousand feet.;, when more ! than thirty million and less than j fifty million feet. $1.45; when ? more than fifty million feet. $1.35. ' By its terms the. ordinance was not! to be effective unless Rieha within thirty days should execute and file a written acceptance of the ordi nance, agreeing to be bound by its requirements. Rieha duly filed his written acceptance. In 1912 the complainant. Sumter Gas Company, j assignee of Rieha, established gas I works, and has' maintained the i rates prescribed,by the ordinance] except for such "periods as the city I council consented Ho temporary in- J creases on account ?Slwar condi tions. This consent always express- j ly reserv ed the rights of the city j under the original Ordinance and} and its acceptance.* Under this ar- | rangement a temporary maximum ! ?|| rate of $2.00 was in effect on June j 29, 1921. On: that day the coun- j eil notified the gas company that af- j ter July 1. 1921, the maximum rate ] :'V_ ' fixed by the franchise;must be re-i stored.. Thereafter, oh January; 18, 1922. the board* of directors of ! the gas company passed a resolu- j tion* reciting inadequacy of a max- j v imum rate, of $1.50. and even a| rate of .52.00. to pay operating! expenses, the usual and proper re- ! serves" and a return upon its prop- I erty: providing for the establish-^ rcent of a maximum rate of $2.00; j and directing officers of the com- { pany to institute a suit in the dis- ! trict court for the Eastern district\ of South Carolina to enjoin the j city and the city council from in- j terfering with the^ rate of $2.00. I Accordingly, on January 31. j 1922, the bill in this case was filed, asking for an injunction against I interference by the municipal au- j thorities of the $2.00 rate on these: grounds: 1. The rate fixed by the fran- ; chise ordinance has become con fiseatory*. 2. The franchise ordinance and] its acceptance by Rieha did not j "constitute a contract but was a \ reguia-.cry provision prescribing j v;hat was at that time .regarded as ! a reasonable charge." 3. If Intended-,as a contract, the! city of Sumter had no power to j make it. "for the reason that the j f xing of rates to be charged by pub- j lie service corporations was and is a matter -within the police power .of the state of South Carolina and : that the city of Sumter. as a gov ercmental agency of the state of ? South Carolina has been and is; v?sted with such police power and regulatory control and that the ! state of South Carolina has never empowered the city of Sumter.to; rr.ake any contract which would ! abridge or alienate said police pow er^'" 4. The statute of South Carolina i cf February. 1920. and subsequent statutes providing a public service ' commission to prescribe and refjtu- j late rates of public service cor-jB porations for water, gas and elec tricity, expressely except from their j operation the city of Sumter, thus j leaving such rates in that city to be prescribed and regulated by ita mu nicipal authorities. An order, dated January 31. | 1922. was made requiring defend ants, city of Sumter. L. D. Jen- I nings. I). R. McCallum, and J. A-jB Raffield. composing the city coun- 1 * cff.'to show cause why. they should not be enjoined from Interfering , wirb the rate of $2.oo j>or thousand feet charged by the sas company. The defendants on February 17. by motion to dismiss- the bill and by their return t<? the order t<> show cause, relied on these de- j lenses: 3L The franchise o?<dinance and ? its f)Offi>tMn<e ]?;,' Rieha constituted j a valid contract v. hi'h the city was i empowered by its charter to make, j 2. The right to use the streets: for the purpose of distributing and i selling its gas was conferred on the j gas company on the condition that J it would adhere to the maximum rates prescribed, and so long as it j I used the right it could not repudi- j ate the burden of the condition. . On the same day, February 17, j defendants filed in the record a j statute of South Carolina of Feb- j ruary 16, 1922, providing "That an ordinance enacted by the mayor and council of the City of Sumter. South Carolina, done and ratified September 26, 1911, entitled: "An ordinance to permit Edward L. Rieha and associates to construct and operate gas works in Sumter, j South Carolina,' be and the same is j hereby ratified, validated and con firmed." Without passing on the motion to dismiss, the court in .terms refused an application for a temporary in junction. To protect the complain ant, however, from irreparable in jury which would result to it if this- court should hold the injunc tion should have been granted, the district court ordered that the defendants be enjoined from en forcing the rates provided by the j ordinance of September 26, 1911,1 pending the determination of the appeal, on complainant's giving bond to secure the refund of any ! charges collected in excess of those rates. The charter of the city of Sum ter confers upon the council pow er "to make all such ordinances, relative to the streets, roads, mar kets, public squares, public scales, weights, measures, fire department, water supply, police and health of j said town as they may deem prop- j er." : . The state statute relative to all i cities and towns of more than one j thousand inhabitants provides that j the city council " shall have full I power* to make, ordain and estab- J lish all such rules, by-laws and reg- j ulations and ordinances respecting j its roads, streets, markets, police, i health and order of said city or j town as shall appear to them nec- ! essary and proper for the security,! welfare and convenience of said ] city or town, or for preserving the J health, peace, order and good gov e2*nment within the same.'* A city council has no power to regulate rates unless it is plainly granted by legislative authority. Such power cannot be implied from j the legislative grant of authority to the city council of Sumter to make j ordinances and regulations relative ? to street?, ity of Winchester vs. j Winchester Waterworks Co.. 251 ?. f S. 192: Home Telephone Co. vs. j Los Angeles. 211 U. S. 265, 273. ' i Sect-'on 3014. Code of South Car-! olina. 1912, provides that munici-j palities may grant for thirty years j exclusive franchisse for furnishing j light and water by two-thirds vote of the council confirmed by the vote cf a majority of the qualified electors, provided the ordinancev or ;; resolution shall .fix a . maximum j rate. This statute has no applica- ! tion, for the reason that no attempt i was made by the city council of j Sumter to grant an exclusive frah- I chise, and it does not appear that there was a favorable two-third vote of the city council or confir mation by a majority of the quali fied electors. The statute of 1910, creating a public service commission and em powering it to prescribe and regu late rates for gas. excepting the; city of Sumter from its operation , does not confer on the council of It' that city the right to regulate rates. The mere exception of th,e city of Sumter could not have the effect of conferring powers on the city coun cil of Sumter which it did not be fore possess. The city council of j Sumter therefore has not been j granted the power to regulate rates. | The transaction shows on its face! that it was not an attempt on the j part of the city council to regulate \ rates under its police power, or of I Rieha to submit to such regula- J; tion. The intention and effort was ! to make a binding contract, the j consideration to the city being that j its inhabitants should have gas at j a rate which would not exceed the J, maximum rates prescribed, the \ consideration to Rieha being that! he and his assigns should have the ; right to lay their mains in the! streets and should have the right j for fifty years to charge any rate ' they pleased within the maximum j limits. There was a formal offer j by the city of the franchise on a ? condition as to rates, and formal j acceptance and action by Rieha j This made a binding contract if j the city had the power to make it. i Columbus Ry. P. & L. Co. vs. Co- j lumbus, 249 U. S. 399: Los Angeles) vs. Los Angeles City Water Co., 177 j U. S. 558. The power to make ordinances j and regulations respecting streets! embraces the power to grant a | franchise to a telephone company j or a gas company to use the streets j for poles or mains, and when the j on a contract arises, binding on ! franchise is accepted and acted up- I both parties. Owensboro vs. Cum- j berland T. & T. Co., 230 U. S. 58. I The court in that case said, as ,to ? an ordinance purporting to repeal the ordinance granting the fran- i chfse: "It is a plain attempt to de- j stroy the vested property right un- J der which a great plant has been ? installed and operated for more j than twenty-five years. When that grant was accepted and act- j ed upon by the grantee it be- ! came a contract between the city. and the telephone company j which could not be revoked or re- ! pealed, unless the power to repeal was clearly and unmistakably re served." Russell vs. Sebastian. 233 j 1*. S. 19.>; X. V. Electric Lines vs. i Empire City Subwav, 235 U. S. 179, ! 194. j It ?<> true this power to con- I :r;iet ior the.use of the streets and | the conditions of the use. implied in | the power grarted to make regula-I tions as to streets, is subject to the general police power of th^ state to ?! regulate rat^s of public service cor- j poratiens. Since th?> state legis- j lature did not in express terms confer upon tho municipality th?* j power to make an irrevocable con-; tract as to such rates, any rate fix ed by such contract was subject to regulation under the police pow er of the state. Milwaukee Elec tric R. & L. Co.vs Railroad Com mission. 238 U. S. 174: Vicksburg vs. Vi-.ksburg Waterworks Co.. 206 TJ. S. 508: Pugit Sound T. L. & P. Co. v. Reynolds. 244 TJ. S. 574. Among cases holding such a transaction to be a binding contract beyond the control of the state's police power when, I and only when, the right to con- ! tract is in express terms conferred j .by stalute on the municipality are Cleveland vs. Cleveland City Ry. i Co.. 194 U. S. 517: Columbus R. P. | & L. Co. vs. Columbus, 249 U. S. j 399; Vicksburg vs. Vicksburg W. ' Co. 206 U. S. 496: Detroit Ry. Co.! vs. Michigan, 242 U. S. 23S. Comparing Owensboro vs. Cum- j berland T. & T- Co.. 230 U. S. 238, j with the other cases cited, we reach j this conclusion: If the state had i conferred on the city of Sumter in express language the power to make an irrevocable contract for rates, ' the grant would have been a sur- j render of the state's police power to j change the rate fixed by the con- j tract. The grant of power which was made to the city of Sumter not being in express terms to make an irrevocable contract but only to make regulations and ordinances with respect to streets, the city was empowered thereby to contract for the use of the streets for gas mains on such terms and conditions as it saw fit, but any contract made in respect of rates was subjejct to dis placement by the exercise by the state of .its police power to regu- j late rates. Therefore the ordi- I nance of the city granting the use | of the streets for gas mains with conditions as to rates to be enraged, j accepted and acted upon by Rieha j in whose favor the franchise was granted, became a contract binding on both parties, subject to the ex ercise by the state of its police i power to regulate rates. Since the j state has not undertaken to exercise \ its right to alter the rates contract- j ed for. they are still binding on both partiesy and are beyond the control of the court. The courts cannot grant relief against rates named in a contract binding on the parties. Southern Iowa Elec. Co. vs. Chariton, '2-5? U. S. 539. So far we have dealt with the case as if the ratifying statute had not bene passed. Had the ordi nance granting the franchise to j Rieha on his acceptance of its j terms been ratified by the legisla- j ture at the time, it would mani- j festly have been equivalent to an j express grant of power to the city J of Sumter to contract for rates, j just as effectual as if such power! had been embraced in the charter j of the city. In any view the ordi nance and its acceptance lacke*? only legislative sanction and author- j ity to become an irrevocable con- j tract. A ratifying statute passed at j the time would have given that J sanction and authorty. The statute. | though not actually enacted until! both parties had acted upon the ! contract which they undertook to j make; has the same force and ef- [ feet as if it had been passed con- j temporaneously with the ordinance, j It impaired no constitutional rights 6f the gas company. The only semblance of right as serted by complainant is the right i to"' repudiate an agreement, admit- j tedly binding in both law and i equity as a contract except for the i lack of the sanction of the gen- ! eral assembly of the state. Having j accepted the agreement and receiv- t ed the benefits of it, the gas com- J pany has no ground to complain of i its subsequent legislative sanction j and ratification. Randail vs. i Krieger, 23 Wall. 137, 23 L. Ed. j 124; Watson vs. Mercer. S Pet. SS, ; 8 L. Ed. 867: Ewell vs. Daggs. 108 j U. S. 143. 27 L. Ed. 682; Westside j Belt R. Co. vs. Pittsburg Construe don Co., 219 U. S. 92: 55 L. Ed. j 107; Saterlee vs. Mathewson, 2 ! Pet. SS0. 7 L. Ed. 45S: Gross vs. I United States Mortgage Co.. 108 U. j S. .477. 27 L. Ed. 795. It may be that apart from its general police power the state of South Carolina has the power to waive or change, with the consent of the gas company, any contract as to rates made with the city of Sum ter as a municipality. "A munici pal corporation is simply a politi cal subdivision of the state and ex ists by virtue of the exercise of the j power of the state through its, legis- | lative department." Worcester vs. j Street Railway. Co., 196 U. S. 539. j We are not called upon to decide ! whether the gas company may ob- j tain telief under the statute of March 24, 1922. conferring upon j the ivilroad commission the right i to regulate rates of every "public j utility" in the state. Affirmed. ? ? Merchants Meet in Columbia j Columbia. July 26.?A large number of retail merchants, rep- j resenting many parts of the state is here today for the first annual convention of the Retail Mer- ' chants' convention. The first ses- j sion was held at 3 o'clock with J. W. Kirkpatrick of Greenville pre- ' siding. Governor Harvey. Mayor j Coleman. Frank Pierson, secretary j ol th<* Columbia Chamber of Com- j merce welcomed the visiting mer- ' chants. The convention will dis- j cuss important questions, chiefly I taxation, insurance and store j methods. The last session will be I Thursday afternoon, when officers' will !>??. elected. i - Huntingdon. W. Va.. July 27.? ! John Frederking, an insane man j who h.-is been barricaded in a ! house at Hinten defying deputy j sheriffs and stato police for almost [ two weeks, surrendered this morn- j ing, according to telephone reports, j Fredeking was wounded in both arms, according to reports. One man was killed by Fredeking. Philadelphia* July 27?John L. Lewis, head of tire miners, said this; afternoon he had "every reason to' believe that the interstate joint j conference of the central competi-j tive fields would h? arranged with in a few days/' CAMPAIGNERS SPEAK At MARION Laney Charges That Machine Politicians! * Are Trying to Elect ; the Governor Marion. July 25.?Candidates for j state offices aroused considerable j interest here today, particularly those in the race for governor. Chief interest centered about the I charges by State Senator George K. I Laney of Chesterfield that . ma-! chine politicians wore attempting \ to eleet the governor of South j Carolina and the reply by Thomas ; G. McLeod of Bishopville that the only ring behind . him was that composed of the men and women of the state, a ring into which the other candidates were attempting to break. He believed that ring was composed of the majority of the people. Mr. Laney was the third of the' candidates for governor to be heard j After reviewing his consistent fightj for appropriations for Winthrop j college through his 20 years of ser vice in the general assembly he j told the women they*would have to j wipe out that record to scratch hisj name. He hoped they would re- j tain their individuality and not be> herded by any ring. There was no i ring .behind him and if elected he j would be the governor of all the f peop!*. Men and women who vot- j ed against him would have to! wipe out his record for the white \ boys and girls of the state. Would j they vote for a machine candidate j he asked. "I'm no machine candi--| date. Are you a machine people ? j There are sucli people around, j I've seen some of them today, who; are talking about the best man to j beat Blease with.'' Mr. McLeod. who was next in- j troduced. said: '"You've heard this! talk about rings. There's only one j ring behind me, and it I believe is the majority of the men and; women of South Carolina. It is} into this ring that other candidates; are trying to break. I am not go- I ing to swell up and say that I am j going to be elected governor. IJ know a man wlo has done that j and missed it seven times out of r nine. I wouldn't carry an urn-' brella for a weather prophet who \ could not hit it any better than' that." Cole L. Blease was the first of the gubernatorial candidates to be! heard. He reviewed the general r appropriation bills of the years of j 1914 and 1921, comparing the items: for the. different offices. He said economy at institution^ of learning j might be effected by getting rid of I assistant professors at the times of! stress. There had been ?nuch talk of his! pardon record. He had been gov- ; ernor four years and during that! time wore no man's collar. He j pleased some people while gover- i nor and for this he was proud.' Those who didn't like it could not j help themselves. When he went in- ( to office he found a tuberculosis' factory which he proceeded to abolish. He had no apologies to make and when he stands before j the judgment throne he expects to! see some of tho?e who criticized: him turn to the left,, while he will1 plead for that mercy which he has j shown to' others. The time would | cone in South Carolina, he pre dicted, when ministers would eith- ? have to quit preaching the for-j givehess of Jesus Christ or quit abusing Blease for pardoning crim- J inals. John T. Duncan, who followed [ said the former governor was the j first man whom he had ever met I who was'trying to barter with God j Almighty by swapping pardons, j He had unbounded sympathy for j the man who had been governor two terms, came back and asked for a third . after several defeats and was now doomed for the worst humiliation ever meted out to a: candidate in the state. He had ? met many former Bleasites who \ said they would have nothing to do with a third termer. "They \ know when they have got enough | of him as v breeder of strife." he j said. He told the voters that the for- ; mer governor would come to their j faces and abuse the negroes and then go to the negroes and abuse the whites. He cited the congres- j sional race by Blease in 1919. when the former governor advised his, followers to go into the general I election and "let's see who has the! largest following." and also that; Blease made speeches for Harding: in the presidential election against the Democratic nominee. Mr. Laney reviewed the tax! measure passed at the la^t session of the general assembly when other i sources of revenue were sought1 that the burden might be lifted I from the backs of the farmers and : also emphasized what he had al ways stood for in an educational' program, the giving to every white," boy and sirl in the state an equal] chance. He said the newspapers; were not saying much about his educational efforts, for they knew, it was a dangerous point to touch j upon. It was following his discus sion of this stand on education that he launched into the charge that j tins: and machine politicians are attempting to manipulate this race. J Mr. McLeod. in addition Jo re viewing his plans for constructive! t.'ix reform in the state, today placed particular emphasis upon rhe matter of law enforcement. ?'Thank Hod we no longer have the legalised sale of liquor in the .st;ir??. There are only two classes who want it back? the man who, wants io sell it and the man who wants t?? ?hink it." The prohibi tion law could be enforced by in-; spiring spirit of law enforcement in the home, the people then stand- | ins firmly behind their courts, jury- j men and officers in their efforts to see that the provisions of the law are carried out. and the kicking1 out of office men who failed to do their duty. The crime wave which is sweeping over the country as a back wash from the war could only be stayed by the verdicts of juries and the sentences of courts and these upheld and respected by the chief executive.. Jlr. McLeod's words were' warmly applauded. The meeting today was attended by about 500 persons and the speeches of the candidates were fol lowed most attenatively. R. J. Blackwell presided in the' absence of S. S. MeCandlish, county chair man. The meeting tomorrow will be in Dillon, while Thursday the candidates will be heard at Kingrs tree. Candidates Are Heard at Mullins C. L. Blesae Declines Invita tion to Attend Mullins, July 25.?For the third time since the opening of the cam paign the candidates for state of fice deviated from their regular itinerary tonight, coming to Mul lins to address a crowd of approx imately 500 voters gathered at the town theater for the extra meeting. The invitation to the candidates was extended by the Mullins cham ber of commerce. All candidates making the campaign were present with the exception of C. L. Blease, candidate for governor, and W. Banks Dove, candidate for re-elec tion as secretary of state. Called over long distance telephone and invited to attend the extra meet ing, former Governor Blease ask ?d the committee charged with making arrangements for the meet ing if John T. Duncan was also to iddress the Mullins Voters and when informed that the invitation included all candidates declined the invitation, saying he did not care to speak where Duncan was to ap pear. The candidates appeared to be in good form despite the strain of the campaign and all were^ warmly received. Thomas G. McLeod and the two women candidates. Mrs. Bessie Rogers Drake and Mrs. E. B.. "Wallace, being especially well received. The candidates for gov ernor were allowed a somewhat longer time than the other candi ?ates and were heard first, all making their usual speeches. The meeting was advertised yes terday and voters living in or neary Mullins. who otherwise would have attended the meeting at Marion, the county seat, today remained to hear the office seekers at home to night. The meeting was to have been held on the library lawn but heavy rains for two hours before the advertised time of the speak ing forced a move. to the local theater which was crowded to ca pacity. FALSE AND UNWORTHY *- ? Woodrow Wilson Expresses Opinion of Vandamon Jackson, Miss.. July 25.?Form er President Woodrow Wilson would consider the return of Jas. K. Vardaman to the United States senate a detriment to his home rtate as well as to the country as a whole, according to a letter re ceived from Mr. Wilson by James F. McCall of Carlisle, and made public here tonight. Mr. Varda man is one of three candidates for the seat occupied by John Sharpe William's, who has an nounced he will retire from, the senate. Mr. Wilson's letter, which bears the date of July S. follows: "My Dear' McCall: I have your letter of July 5. In reply let me say that I am not in position to review Mr. Vardaman's record in Washington in detail, but I can sum up my impression of him m a single sentence: I think that he is thoroughly false and untrust worthy, and that it would be a great detriment to Mississippi and the nation should he be returned to the senate. > , "With deep interest in the out come of the contest of wheih you speak. "Sincerely yours. ' Woodrow Wilson." Men Arrested For Florence Shooting Florence. July 26.?Alvin Broach and R. J. Revell were arrested last night on a warrant charging them with being the parties who shot at G. E. Rollins, terminal train mas ter of the Atlantic Coast Line, on the company's yards' here Saturday morning. July i?. On application before Judge Peter X. McEachin, magistrate of this district, they have been admitted to bond in the sum of $:><>0 each. X. J. Broach, father of Alvin Broach, and S. F. Heame went the bond of the two young men. Both men wero employed in the shops of the Atlantic Coast Line and went out on strike the 1st of July. Broach was an apprentice in the car department and Revell was a planing mill machine hand helper. Chief Detective J. A. Darsey, of the Atlantic Toast Line railroad polic? force, is credited with Tiav Eng worked up the case. FARMERS ' BECOMING WORRIED Chicago. July 27.--Reports from thirteen states to Secretary Clover Sale, of the American Farm Bu reau Federation, shows th;i* farm-j its are becoming anxious over tlie continuance of the coal and rail j -t t;u.>.--. fearing that a shortage of !;:??! or transport.!: ion may seriously : interfere with harvesting nw.l mar-I keting. Federation officials in Iowa, Washington. Wisconsin and j Illinois reported a shortage of coal, j NEWSPAPERS ' DEFEATED REPUBLICANS j _ j S e n a t o r McCumber j Makes Charge That Tariff on Newsprint j j Caused Loss of Elec I tion in 1912 I Washington. July 26.?Defeat of j j the Republican party in 1912 was | attributed today in the senate byi Chairman McCumber of the finance j ! committee to the refusal of that j j committee three years previously ! to heed the demands of newspaper j publishers that news print paper ! be placed on the free list in the ! Payne-Aldrich tariff act. His dec j laration brought demands from ? i the Democratic side for full ~cTe- | ! tails and was followed by recitals! J by Senators Watson of Indiana. I iSmoot of Utah and McCumber of I incidents which they said had tak | en place behind the scenes of con Igress a decade ago. I Senator Robinson (Democrat) of j Arkansas declared that if Senator I McCumber's statement that the j newspapers of the country, be cause they could not "intimidate" the finance committee into giving free news print, had turned against I the Republican party and defeat ! ed it were true it was "a terrible ! indictment against the press of the } United States, the men who own j it and the men who control its [ i policies." Asserting that he could i not accept it without first having j ; "definite and complete" informa- j ; tion the Arkansas senator and later j ! Senator Stanley of Kentucky de- [ j manded that Senator McCumber j ! give the names of representatives j ; of the publishers who had made j ! threats to the committee. ! Stating that he wanted to give I j the senate the "facts," Senator j | Smoot said the late John L. Nor-j ris. representing the Newspaper j Publishers' association had appear ed before a finance committee of ! which Mr. Smoot was a member, j had refused to compromise on the j matter of a duty on news print I and had stated that if a duty were j I imposed" "the Republican party [? j would be driven from power." The Utah senator said he supposed this I was the statement from which Sen jator McCumber had drawn his "conclusions" and added that he I did not think Mr. Xorris had been ! authorized by the publishers to I make such a statement. Senator Robinson said at the ! conclusion of -the recitals that the ? Republicans had been' holding "in I experience meeting-*?not a revival, j j but a confession," and, he added, j (has failed to make out their case. ? ? ^ [doctors and nurses pass I State Board of Medical Ex aminers in Session - ! Columbia, July 26.?The State j Board of Medical Examiners met here today and announced that J forty-one nurses., seventeen doctors, ; one homeopath and one osteopath j had passed the medical examina j tions given in June and were now ; licensed to practice their profes ; sions in South Carolina. ! The doctors who passed are: T. jF. Bailard. Charleston; 1$. J. ! Blackmoh, Kershaw; T. D. Dot Iterer, Charleston; J. F. Garrett.. i Liberty; W. W. Harden. Gaflney. j |P. D. Hay, Jr.. Charleston; W. M. ; Jones.. York; P. 1VL Kinney. Ben jnettsville; R. L. Lawrence, Seneca; ; J. T. Oglesby. Charleston; R. Pear ;son, Bennettsvlile: J. H. Porter, (Andrews: F. R. Price, Charleston; O. L. Sharp, Chester: J. G. Ulmer. f Brunson: J. D. Verner. Jr., Toc jcoa. Ga: J. F. Woods, Brookland: i M. V. Huggins, Johnston, osteo path, and G. W. Chambers. Ander \ son. homeopath. ! The following nurses: Selma j Anderson. Greenville: Edith L. ? Arnold, Tifton. Ga.; Mary F. Barr, j Lake City: Pansy V. Beaofiam. Charleston: Tiney D. Beacham, i Spartanburg: Alpha Bishop, Spar ! tanburg: Josephine P. Bolt, Ander json: Edith Boyd. Aiken: Mavin S. j i Brockington, Williamsbrg: Amelia j : Brokn. "Rock, Hill: Lillian A. : ; Brown, Columbia: Amelia G. j ? Clarkson. Eastover': Olivia E. Erics- j json. Anderson; Agolda Harrall, >. j Timmonsville: %Uva M. Hester, ! ? Greenville: Mary E. Horne. Wades (boro. X. C: Evelyn F. Humbert.; j Columbia: Saltie M. Hunt, Ander-j ;'son: Eloise- W. Jones. Gaffney; j : Margaret T. Jones. Anderson; Su- } j sie M. Kolb, Sumter: Margaret R. I Lewis, Florence; Gertrude Lyber- j i ing. Sumter: Willette L. Matthews, j ! Leesyille; Annabell Mauldin, An- i Idcrson: Eliza B. McEachern. \ ! Charleston: Georgia Mclnnes. ; Charleston: Mary R. McLeod, Lu ' goff; Carrie D. McXab, Florence; ' Xina Moore. Florence: M. Pearl' Murray. Shelby. X. C: Rachel L.! ? Owenberry. Landrum: Mary Rob- j j ertson. Florence: Lottie C. Slaw- j ? son. Lone Star: Sarah M. Sturgis. j j Rock Hill: Mattie t Team. Sumter: f i Mary B. Tennant, Chester: Ella R. 1 j Tyson. Columbia; Sallie W. Wat-1 j son. Spartanburg: Mattie A. Wit--" j Hams, Rock Hill, and Hazel R. ! I Williamson, Florence. _ Retail Merchants7 Association Elects J, J. Hope President j _ ! Columbia. July 27. J. J. Hope, of Columbia, was elected 'president j of the South Carolina Retail Met- j chants' association at its closing i sessior here this afternoon. Other j officers are: .1. l\ Fisher, Spartan- j burg, first vice president: W. K. j Kimbrelli Columbia: second vice president: J. I.. Mimnaugh. treas urer, and .1. W. Kirk pat rick, past president. RAILROAD COMMISSION CALLED UPON Washington Asks the State Commission to Handle National Columbia, July 27.?The South Carolina Railroad Commission was yesterday afternoon called upon by the Interstate Commerce Commis sion at Washington to handle the '^national emergency" situation in South Carolina for this state. The commission at Washington asked if the state commission was in po sition to handle matters pertaining to the emergency in South Caro- j ina. and the commission replied that it was. The commission will be called upon to "police the needs" of this state and "report on conditions af fecting the supply of coal cars, food, fuel and other necessities in this state, during the strike. During the war, when there was a coal car shortage, the railroad j commission handled the situation for the government, and it is likely that similar methods will be'carried out this time. ' In this event, it will mean that permission to use coal cars for shipments must be approved by the railroad commis sion, and this body must also, is sue approval for the shipment of other commodities. The aim will be to meet the heeds of the country as a whole for those commodities most necessary for life, in such pro portion as will tafre care of all sec tions of the country to equal ad vantage. No detailed instructions have- as yet been received by the railroad commission, but these will likely be received by the commission here in a few days. The commission was in session Wednesday and framed its reply to the interstate com mission. Anderson County Convict Case Columbia. July 27.?After a con ference between J. Mack King, supervisor of Anderson county, and Governor Harvey yesterday after noon at the executive offices, Mr. King told the governor he would make a definite decision by Fri day noon as to whether or not he would turn . Walter L. Hayes and Ed Wilson over to the peniten tiary. The governor readily agreed to hold the matter open until that time and nothing further will be done until Mr. King announces whether he will or will not turn over the two men to the state prison as sentenced by the late Judge Ernest Moore. * At the conference Mr. King and the governor went over the case thoroughly, Governor Harvey point ing out what h? considers the harmful effects from such action by supervisors as in the Hayes Wilson case. The governor told Mr. King he did not ask him to no me to Columbia in order that hev might be coerced, but that he might understand at first hand the need for. absolute law enforce ment and the carrying* out of- the decrees of the court. Supervisor King said he had been "hounded" by newspapers and certain men in Anderson and felt that he had to keep the men on the chaingang in order to vindicate himself. The governor, however, said that much bigger things were at stake than a personal vindica tion. The courts of the state, the decree of a judge and law enforce ment are all at stake and this means a great deal to the state, the governor told! the supervisor. Mr. King told of the need, for men on the chaingang in Ander son and how he had selected Hayes and Wilson as two convicts who would save the county money. Again he said Hayes had begged him to allow him to serve near his family. Governor Harvey went into the case earnestly, and, while hoping that an amicable agreement could be reached, made it plain that if a fight was wanted he would be ready. The chief executive i? pre pared to make a fight to the finish as he believes the fundamentals of sound government are at stake. Supervisor King was impressed with the viewpoint of the governor, especially as regards the duty owed the county and state by the su pervisor. The indications point to an amicable settlement of the af fair. Supervisor King was accompan ied by J. S. Acker, county attorney, and John M. Daniel, assistant at torney general, was present to as sist the governor. Bids on Wateree Bridge Approaches Columbia. July 27.?Simons & Mayrant of Charleston were the low bidders for the construction of the Wateree river bridge approach on the Sumter side of the bridge when bids were opened by the state highway department at noon yes terday and the Hardawar Construc tion company was the low bidder on the Rich land approach. Tiif work in Sumter includes the temporary road through the swamp and about four miles out to the highlands at Stateburg. The figure submitted by Simons & Mayrant was approximately $34.000. <>n the Richland side the work runs fr&n the bridge about one and a half miles out and will be per manent. The figure of the Harria way company was about $22.000. The contract was awarded to the Hardaway company by the Rich land Permanent Roads association, but no final award was made to Simons & Mayrant. The honeymoon ends when the furniture store collector begins. Checking Up the | Chaip Gang! Got. Harvey Putting a Stop to Preferential Treatment oi Convicts j Columbia, July 26.?Relief I been brought to the situation i ported to Governor Harvey cf iib j erties allowed convicts in certain j counties, following the governor's ; action in two such cases this week. I In Marion county where the goy ; ernor Ordered an investij^ation ./q? [ the charge that the Turners, Th?ni | as and Mack? had been, allowed to I go to their homes, instead of being ! forced to work as convicts, and j already it is reported from | that' the situation is being handle? j there. Advices received in Colum bia from Solicitor Gasque are iy j the effect that he has had the m?t? Iter up with the county coramis I sion and also with the foreriian ?nd'. j the chaingang committee of th's grand jury,- and he* feels sure th3 situation will be relieved. The governor is to have a co5r j ference tomorrow with Supervise* IKing of Anderson regarding t*>y case of Walter Hayes and Ed. WilT \ son, two men convicted of" killinsr J a man in that county and seilten?? j ed to serve .15'years in the peniten | tiary, who are, it has been report*' j ed to the governor, being k?j? ; their county jail and- given liberties instead of. being broug! to the penitentiary. The governor' feels that this situation will Be/ straightened out and the mattier [handled in accordance with fixe law. } "Luxuries of the jail" has come [to he a phrase used is-connection j with sentences in some sections -Of j the state, and it is this th^jguv-. j ernor wishes to see ended uT the ! interest of law enforcement. NEW JERSEY POIIUCS i r- " re state Prjmary Being HeM To-day j Newark, N. J., July 25?A. eo? | test fcr the Republican nomihist tion for United States Senator en j the Republican side and oneffoir j the gubernatorial nominationl^on ; the 'Democratic ticket will ft j the st atewide primaries'to be ? in New Jersey tomorrow. Pr?fci j bitiou has. reen made one of j princival issues of the I campaign, while. the liquor < ? tion and utilities have beeh^i% \ jected into the race for the De&&~ j-cratic nomination for governor. ' < j ' United States Senator Joseph* ? Freglinfhiysen, seeking renomfna : tion as a. Republican candidate, vc^l I be opposed'by George L. RecorJ?/e?P Jersey City,-an attorney. He -was . \ defeated for the Republican noxnS \ nation in 190^ by United States [ Senator Walter E. Edge and^p?% {yio.usiy was defeated for the - E*? , I publican, nomination for Gbvernorl ?j - Senator^, FreUhgh?ysen in f a re I cent address declared the people I of the state have shown that- tpky i want prohibition and that ..there should Ite ho change in thejVoif ? stead ret on the ground that mo?f?' ? ifieation of the act would mean . ; virtual nullification ? of the eigif I tee'nth amendment. '..?;<?. j The senator also has ?^eclar?i > j for a protective tariff, but woo& ! take the -whole matter' out of po!> i tics by incrpasirfg the personnel-oi the Tariff flSommission as provided ? for in si bill which he introduced ~ j in the ? Senate. He has dectered , for continued aid for the farmers rthrough the farm loan banks.- > ; Opposing Senator Frelmghuysea i in quest of the nomination; TSr. i Recoru declared in a speech ils&l \ curbing" monopolies is the parsTv ! mounc issue and one which should ; be pressed . to a finish. He has i refuseC to permit the liquor qnes rtion to . be made an issue, so far as I he is concerned, and while refus ing to discuss it in his speeches, hap ! promised to issue a' statement o$i J the subject. : -;'. I Governor Edward I. Edwards is j regarded by the Democrats as en> i titled to the nomination for ?m | ted States Senator on his record as j chief executive of the state, and ; therefore, he will have no opposf ?tion. Governor Edwards' poiitio?. Iis well known on the wet side-of ithe prohibition question, the beer ; bill wiiich he signed having been j made one of the bases of a test - in the federal courts of the *igh i teenth amendment. I| "The candidates for the Demo ; cratic gubernatorial nominati^ j are Judge George S, Silzer of the i circuit court and William E. Tut? I tie. state banking and insurajs^ce j commissioner, Judge Silzer, wife has the backing of the Democratic state organization, has as yet don* ^ 1 no campaigning. Commissiotrtsr j Tuttle has come out for a modi-^ i fication of the Volstead act and has ?stated his opposition to appropria : tions for state prohibition enfor?e < ment. On this point he has taken Ja stand contrary to that of Sena jtdr Freling^huysen, expressing belief that the people have show% that they do not want prohibition : and therefore should not be burr ; dened with a tax for something they do not want. He also img declared in favor of the return- o? \ the five cent trolley fare. State Senator Wiliam N. Runyaii; : who will be unopposed for the { Republican- nomination for govern ; or. announcing his stand on pt<bc lie utilities, declared for a law that ; would place the holding company : under the same restrictions as its ! subsidiary or operating companies! j The present state utilities law pro vides that the books of the hold ing company, which controls vir tually all the street car lines,ot j the state a3 well as the gas and electric light business, may not b? seized in investigations, while those j of the subsidiary or operating com panies may be seized. ?? ? ? It took a few hard knocks to ge^ ; Ruth to put in some hard knocks* :-.-^-tr 666 quickly relieves Colds, Constipation, Biliousness anJ Headaches, A Fine Tonic, ja