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Turkey an?dlfe tions ?'r e FinaHy I Approaching Agrefi. ment For Peace in East I^iisanne, Dec.. 20 (By the Asso-I ciated ^ Press).?Both Turkish and! shied delegations relaxed in their attitude today and discussed con trol of the straits in. sueh^a cOncllI j&irii 'that'there is every' in-, dicatiors some sort of straits con- i vctntion: may be signed in a very I ^fe.\v days. The note of the United States de ? c-?^in? ***** it does not regard an ittterrrational commission as neces sary, undoubtedly bore fruit, as Lprd Curzon, gave careful consider ation . to Tsmet i Pasha's plea that * 3&Ltte?. wonid consider internatioh ai. interference with Turkey's ' af -^^ asj'?worse than death." An agreeioeht. likely^ will be. reached j exempting' the. demilitarized' zonef ?lp^g. the straits from control, by! the vproposed interna tionai com-j r^sslon; which wiH have jurisdic-! 'Son only over navigation of the' acr^ts.; Jeaving. even the pilotage of the Turks. - ?Isrnet Pasha also pleaded for further guarahtees for the safety of Constantinople than those . which would be afforded by the league- of nations, and proposed^ additional) guarantees similar to those given to' the Aland Islands. He insisted that Turkey must have further as-. snrances from the important poW-j ers individually and collectively thai her territory will not be vio lated. : He a^pted in principle tlie fundamental ' provisions for control' of' the' straits '.pntUned' :by ^;at^eaK'Jbut^pteaded that ..Turkey must have her sovereign rights thoroughly safeguarded. _ Great Satisfaction Felt. Lord;Curzon,. M. Barere, Baron Hayashi, M. Sp?likovitch and other ? ^ fakers , expressed great* satisfac tion ever T^^ conciliatory at titude. , -.Barnn Hayashi said he was espe ci^y "gratified to see the confer ence, which had almost reached the i stage of .ultimatums, settle down \. into such ~ealm and reasonable con-; si^era?on of the straits problems. ( I^rd; Curzon, after hearing 'Is- i mst's statement of the . Turkish f position, said that Ismetrs accept- f ance of the general principles -oil free; passage as outlined hy .the'al- : lies. how, make it possible to discuss \ details' of the practical appb'cation j of these principles, Ke expressed j sympathy*- with-Tsmets anxiety lest ?^SFrkey's sovereignty should be af-j ^kCted by the; proposed treaty, biit pointed but that in a measure every power surrendered some of Its aoyerffeil rights when it.'negotiat-j ed treaties. j . .He mentioned "the Great Lakes' treaty between Canada and the] T^nHed States as one which in a' sense limits . the soveriegnity .of | *i$her. and! contended that the pro posed regulation of the straits was the same. As. it is clear that the United States, will accept no seat on a straits 'control commission, regard-1 *2ess of how much the powers of this j proposed international body are lifed. the .members of the Amer delegation^ were'' asked to whether the United States -in any way be bound to re ?t the ? regulation imposed by body, and if the United States.would, negotiate a treaty'im mediately with Turkey. . To this Ambassador Child . made no an-? swer. ? * Ismet Pasha also objected to va rious nations retaining station ships - at; Constarrtinopte and this matter was referred for discussion to the experts.* who explained later; that station ship3 are really used - only as taxis for the high commis sioners -'or ambassadors. Rear Admiral'Bristol said he did not -think it likely that the Turks, would insist on the removal" of the( Scorpion, which has been" hi the Bosphorus for years^ No date has been set for eon- ' tiauatibn of the consideration r>f the. straits question, which generally Is ' regarded as virtually settled. j Kmp'.oy Soldiers on Public Works. Shanghai, Oet* 3 4.-?Supporters of. the Constitutionalist cause who in September marked time In Shanghai after their leader. Dr.: Sun Tat-Sen, had come north from } f'antqn and had set forth his po-j pkion and. his aims in a number j of published statements, received; with a degree of" satisfaction an | nnn?uncemeht of polio* that was i i<4ued early in the month by Gen. j Wu Pei-fu. the Chili chieftain who J defeated Chang Tso-lin in the early j summer warfare. i Doctor Sun has- long advocated j the employment of troops on public j vForUa as a measure to effect dis bandment and this Was made a tenet of a " manifesto he issued ifhortly after his arrival in Shan ghai. A viewpoint that parallels that which Doctor Sun has been urging is seen by the southern leaders In General Wu's announce- ! ment of policy. This statement of] ,eneral Wu says in part: ! 'At present e?cfi 'soldier costs; he people five taels a month. This j s a direct burden. After two years j my soldiers win cost the people only j two taels a month each, as I am J going' to make them work. They} will be compelled to earn three- j futh:s of their pay through their; mvn ?al>or. Through the profits j from mines and even greater pro- : fits from agricultnr?l enterprises. ; vfk shall take up afforestation on j an extensive scale, and devote also ikoch money to the building off roads and their upkeep. ' i Purchase of Camp Jaekson Buildings Consummated. New Highway to Savan "" Columbia/ , Dec. 21. ? Thirty; buildings.' some of them .worth thousands themselves, all located at Camp Jackson, near Columbia, J became the property of the state j highway commission when that body yesterday signed a contract | with the government which closed the purchase, at a price of $4,740. The purchase was closed at the regular monthly meeting of the Commission, at which time also a number of road projects were con sidered. The thirty buildings bought , by the highway /commission are being used for warehouses and motor ve Jhicle shops. The land on which they/axe located is leased, and the 'buildings were bought with the stipulation that they can.be remov ?edat any time, if so desired. ' The highway commission'. Talso selected a road* leading f'rem. south western South Carolina to the new Savannah river bridge above the ci.Q'.of -'Savannah. /Two large dele gations, one from 'Hampton, the] [Other from Jasper county,,' "appear- 1 ed before the highway commis sion, eacli interested in a project, j The Hampton delegation, headed by ' Hugh '& ^Hanna, . newly, elected member of tne'' lfouse.". urged. the construction of the road from Fair fax, through" Estill ] and1 'Scotia, to j the Savannah bridge/ The Jasper] delegation, headed r by S.". S. Hor -, ton, member of the giprientl assem- ? blj% and M. F.'. Gray, supervisor, | Urged the adoption of the road ) from Ridgelarid, through Gillerson- j vilie, as already planned by the i stite highway^-departnieniL , After { hearing both delegatioris, the com mission decided to adopt into "the state highway system the Hamp ton road. No funds; are in hand now with' which " to meet the Hampton authorities: in the con struction of ?iis road,; but the road was adopted ,as part' of the state system, with ? view to its being granted federal aid at a future date. ' . ? , A request from Oconee coUrityj that the road" from Seneca to! Cross Roads, seven miles,- be in- J corporated. into the . state system, > wau referred to Commissioner; R. E. j Ligon and. Chief "Engineer' Moore- j field, with power to act in reply ] to the petition. . , Acting on a petition from the Chamber of Commerce of MuUiris arid B. E< Rivington, of Nichols, for addition, to the. state system .of a road from Nichols." to. the North Carolina hnev by way of Lake View the commmission left, this to. the chief* engineer for further 'investi gation. A request for the addition to the state system of a road from Ches ter by way of Great Falls * to Lu goff was referred to Commissioner C. Q. Hearon, of. Sp?rtanb'?rg, and! Chief/ Engineer* Chas. H. Moore- j field, for further investigation. .The commission agreed to .'allow' federal aid,* when it'is available, for the construction of state high way No. 10, "from (Clinton to the Greenwood county line, and the Calhoun highway through Laurens county. : The commission urged, Richland and Lexington counties to make certain necessary repairs to thej Congaree river bridge, which is hot satisfactory for heavy traffic. Less For Ediication ?More^brXuxury Commissioner bof r Education Draws Striking Comparison .Washington,, pec. *21: (Capital [ Ne\vs'SeWice).-^'''?Education is ihel vital element on* the success of any j nation,'* said the Hon. John J. Ti-j gertV United Stales' commissioner j of education, in a public speech, pointing to vocational training and industrial teaching in ,such manu facturing centers as .Detroit as an example of the practical value of education. Continuing, the commissioner ouoted statistics proving that the one and one-half billion dollars spent on education in the nation] last year, while a large sum in it self, was pitiful when compared with the twenty-two billions spent for .luxuries. "From the.se statistics," he said,; "it would appear that the country j cares more for chewing gum, ci gars and cigarettes, and cosmetics than ft does for education." Educators have seized upon this comparison as a striking argument in favor of the passage of the fowner-Sterling bill, now before congress, creating a department >of education, with a secretary in the president's cabinet. The bill ap propriate a hundred million dol lars to be spent among the states in the aid of education. One hun dred millions is the two hun dred and twentieth part of last year's country-wide bill for lux uries. Dr. Tigert drew .lttpntion to the "insidious propaganda" spread by "some agency" against the expen diture of large sums by the gov- | ernment in aid of education, and termed the proper and wise use of i money in education as the salva tion of the country against m.my of the evils of ignorance, intoler ance, and fanaticism, which men ace its prosperity. m m ? ' Mistaking shaving cream for tooth paste is not as bad as mis taking washing powder for talcum. FERTILIZER FREIGHT RATES] State' RaifrQad Commission to Investigate Tariff in South Carolina Columbia, .Dee.\ 20.?Wide" dis crimination in fertilizer rates in fa vor of other states and against South Carolina is alleged by the railroad commission in a case it has instituted against the carriers at the meeting of the commission in Columbia vveanesday and Thurs day- The fight for lower fertiliz er rates Was' instigated '.by Commis sioner R. JV Wade, of 'Aiken, and he sets forth1 that ?. fertilizer; rates are'higher in South Carolina than in North Carolina'; Georgia or Ala bama, except on hauls of more than' 3o!? miles, and he contends that there are no stich , hauls pos sible in "the state. ' Attending the conference which, began in Columbia4' Wednesday ?ti noon are Ernest Williams, of Augusta/ representing the C. & W. C. 'Railr?ad; A. Pi Gardner,' com merce agent of ';' the Southern, Washington; J. H. Ketner, of Nor folk,, general freight agent of. the Seaboa rd, an d j. W. Perri n, assist- i ant .freight traffic nia n'ager of fh:e1 Atlantic Coast Line. "'J&W^aO^ the discrimination against South Carolina, ' the com mission has 'prepared a table of comparative rates for practically distances ' in the ! four states. . 'As j examples the : following are men tioned: ~ five . miles and under: South Carolina 102; Georgia. 68; Alabama' iS: North Carolina. 90; 12 to 15 miles:'' ' South Caollna 124; Georgia 113;* Alabama.1113; North Carolina 124; fifty . miles: j Sbuth Carolina 192.; Georgia' 158f' Alabama 158; North Carolina 180; 100 miles: . South v Carolina 259 : Georgia 214; Alabama 214; North Carolina 259; 150' miles: South Carolina326; Georgia 282, Alabama 282.; North Carolina 2^93; 300 miles:' .'"South' Carolina 383/ Geor gia 383, Alabama 382, North Carolina' 405. The only instances" of the rates being lower for South Carolina Is for 310 miles or more, where for! South Carolina it is 383, for Geor gia 40*5, for Alabama' 405 and for North Carolina 428, and the rail road commission points out that it is practically impossible to make a fertilizer haul of more than 310 miles. The commissioners are propos ing a schedule of rate's for South Carolina which will be similar to the average in other States."' The adoption of this schedule will, the commissioners hold, be of much benefit to 'the agricultural inter-1 ests of the state. On Thursday the railroad com mission will take up the petition of the town of Laurens for an un derpass on Ball street, on "the Laurens-GreenvJIle branch of the C. & V,'. C. Officials of the road and: Mayor Dial, of Laurens, are among those expected to attend the hearing. Commissioners Pearman, Coney and Wade this week went to Se- \ ne^ca to inspect the crossing situa- \ tion there. The town has asked that the Southern be required to construct a bridge or an underpass where the. rails.eross the main business section of the town. The commissioners took the matter ?n- i der advisement. Propose to Admit " pertam Aliens Near East Refugee Heard jby Imrnigration Committee ! Washington, .Dec 19.?Colorful i stories of the privations and per secutions suffered by Christiansen Turkey v.etc to,d before the House immigration committee today in support of the White Bill propos ing to admit certain classes of 2^ear East refugees i.uto the United States. . One of tbose who testified was EI*za Shakinir.:.. herself a refugee whose, flight was stopped at Ellis Island. Released on bond by the immigration authorities, she'came to Washington and, between sobs, related how she had been carried info captivity by the Turks, how her hear relatives all had been killed one by one, and how she had made her way to America only to find the door closod in her face Horton Favors Bttl. George Horton, who was Ameri can consul at Smyrna during the recent Grecb-Turkjsh hostilities in that region, corroborated many of the assertions made by other wit nesses regarding the tribulations of the Christian minorities in Tur key. v He said he was speaking wholly for himself and not as a representatives of the State Depart ment but could riot refrain from saying a word ior those who had suffered so patiently in the Near Bast. When one committee mem ber suggested that . the refugees' had occupied a district fertile in natural resources and should be sent back there to work out their own salvation, Mr. Horton replied*: "For God's sake don't do that. You would be sending them to their death." Representatives of the Near East relief, the Federal Council of Churches, the T. M. C. A. and the Young Women's Christian Associa tion, were among others who ap peared to ask for passage of the bill which would admit only near relatives of American citizens among the refugees and whose pro visions would extend only until ?June 30, 1924. In giving a watch you can write "It is your time now" or "Hope you have a good time." We can learn from others. In the {Philippines, women are not allow ed to hold boxing matches. First paper money in America was issued in .1690. Some of this ha^ never seen a collection plate. - ? . H - ? W ? -{:, Lower Cost ^HigherEducation cy's Need, Says C?nwell ' IS^irecieon" to recesi ???7?-'' ~. ~-~ ^-jf^*?- 7r^T' ~T * pronouncements for i college aristixfacy, notably/by. President Gutted of Colgate University, is a declaration for higher education for/all who will take- it, made by Dr. Hussell H.vConweiJ, nqted lec turer knd college president, on the eve ot ediwation week ; ;?" \ Wfc Cbnweil decidesJhat higher, eifiea?on/ is getting high. % the masses to reach, and advocates^ e$?^twnal/f^ brag the cost down :to' the level of the average student's pocket/-. . "With c the cost of a year Vip college noyering aronno! $1,00; ynT are posing: sight ol our demjieraey pie wxfl go opt of i?usmess,v . pie Wlu go ow. ox .?uaiaea^, y C^weW,?Jiis eiglj^ year, is contributing to democracy in educatipn: W ^^t ^ ^ . .... _ipbiar *to 26,000 students, He started Temple University:^ ?a^o as a night class in. a It-now has 10-, of them work 000 students, m ine their way on a part time basis. ?'S? V:-- '-I -V"!_ 'I ?_!XV *.<! m+m*S *iwCorresjfcndence schools 4nd part'time schools;- mali^%^iftg [and learning possible. at the same time, are the solution. They rep resent real dembcratie ^education. Work is no^I^o?cap' t? study. I ''The greatest men in this country secured their education through the\ basic correspondence . school prnuapie-^hoBQe study. I^any of them/ have done thii without the Section-', of effort a>d 8npervision which correspond ence sehools/giVe. This being Jarue, ceir|anilijr it is possible for! the av erage student to do as much under a staff of skilled instructors. % "The faculties of correspondence schools of national standing com pare favorably with those ot .the universities. Their influence pen etrates to the remote quarters pi the country: That means the open ?^?r to the best instruction, for everybody/ That is what ' I mean by . democratic, education." . one lecfee, the interna tionally famous "Acres of Dia monds/* which/has been delivered nearly 6,100 times, Dr. Conwell has earned in 51 years ^,000,000. livery/cent of t?s money, ajfey? expenses,/ has .gone into Temple University. The. Baptist; Temple, ic^jjwhich Dr. CJonwell . Jas been pastor tot 40 years/ has the larges* congregation in the world. THEHERRIKr !a 'white "flag, at' the mine Oh rOrdex "oTrMcDbweli and was tord * by the leaders of the attackers that {those in the mine woiild be'taken safely out of the" county... He told Wounded SumVOrS Tell Of \^ ^ march from the mine while Being Shot Down During [some one in the crowd shouted & -Mine Riots at Herrin i ^cm-'them," "Hang them" but the i ?> i . j others cried. '?No, we are going to Ma*i^>*tt^^ a train and get them Vk^ '?''V V 4 -"i' u: ? ; out of here. They've had enough.' ler and Otis- Clark, two of the ?VeV^ q?oted O?3 C1?ke ^ j defendants on trial charged with, "We're going, through .with this, if ; murder in connection with the Her- \1 have to shoot them all myself." j rin riots, were pointed - oUt In court I Jones said when the firing at the 'as members of the mob by two'fence started he ran through the !of th6 four survivors who took the, fields and after being given refuge ! witness stand today. The survivors who occupied the ; stand, most of the/day were Wil I liam' Cairns, P. J. O'Rouke, Ber nard Jones and Robert Officer, the by a farmer, boarded a train for Chicago. On cross examination Jones said he had been employed by several private detective agencies. He said latter a University of Pennsylvania jr.t the mine he had acted as guard graduate, was a bookkeeper at the I at the water tank from June 14 strip mine, j?here the riots started and which resulted in the death of twenty non-union men. The' first three were guards at the mine. to the 19th, but was not disturbed during this time. Jones said he'was given a shot gun and quoted McDowell as say Cairns :testified that the.48 men j ing: fin the mine surrendered under aj "Y7e don't want any trouble, but j white flag between. 5:0.0 and 6 j we.can't have ourselves blown up." | I o'clock the morning of June 22;' "Isn't it true that you were in jand were marched 'out of thie pit ? structed to bring some one and ? with their hands above their heads 'start trouble so troops would be j after being told that they would ; called put?" he was asked and re ' not be harmed. He said he had j plied: . . v. ' jseen C. K. McDowell, the crippled | . ."That is absolutely not true.""' 1 j superintendent of the mine, led j ? away by Otis Clark, who had a gun, !ahd another man. Another witness. Dr. J. W. Bil lots, of Marion, testified that after the riots he had heard Bert Grace, /'We were marched on until we j another of. the defendants; boast ! came to a barbed wire fence," he that he had prevented some one jsaid,. "and some one shouted 'all 'from giving one of the men wound men with guns line up to the right' (ed.at the cemetery a drink of wa and then some one else cried 'now, j ter.- v you feUows run' M Donald M. Ewlns, a Chicago Then the firing, started, ? he said, newspaperman, had previously tes tWhen he was wounded and lying j tifted that Grace. had prevented ! beside the fence,, with two bullets him from-gK,ing a drink t0 one of in nobody. Cairns said he saw.Pe- jthe wounde<i and another witness ter HlUer come up to another|had Mi<J-ne had*seen Grace shoot-! : wounded man who. was leaning.! ^ ^ ^ .^?^ against a tree and fire into his \ , A. T. Norman, a Herrin hard j body after shouting "you great.bt?;wnre testifled that on the j-can't we kill you?"^ >i [afternoon of June 21. a crowd of j The witness said he saw another men and boys came into his store ; man approach John Shoemaker,- as- and t. three . and hlm isistant superintendent.at the nunejto charge them t0 the Hefrin min. who was Ij^ng wounded m the- ersMocal. Xorman said he refused field and say Here s that-mac.ime | and asked for narnes and tney ^ ? gunner. Ca;ms. declared , the:two ahd ^ they wanted the guns {speaker then drew a pistol andfm a hurry ; blew Shoemaker's head off. | . a. a. Mosley. another hardxva-e The witness said he was picked \(Xea]er of Marion, testified that fif up and taken to a hospital by j ^en or twenty men came- into his Sheriff Thaxton about one hour|j.tore the a0ernoon of June 21 and ? Iat^* ? . j seized nine shotguns and told him O Rouke told of being shot; to charge them to the Herrin locals twice at the fence, of fleeing (anil if he wanted verification to j through the woods until he . was i)C.aH. up Hugh Willis, or Will Davis, (recaptured and marched with flvo i miners* officials ! other bleeding, pleading victims; The chief of police'of Herrin. through Herrin to a cemetery out-,: who one of the witnesses testified side the city, where all six were | was a spectator of the death march I shot down in the road. i through the town, anounced his j The witness said he remembered j resignation today. praying for any Christian in the'. ^"? ? crowd to bring him water and. in ] the name of his mother, for some j William Kempt escaped from the one to notify her of his fate. ' He' Brooklyn (Conn.) jaij twiee and if said some one knelt over him and/you think this is easy just try it. slashed his throat with a.pocket;" ^ ? - - knife. O'Rouke was picked, up ? Debating was held by radio in with seven bullet wounds in . his j Boston which would be a f.ne way body. , / Ltd argue with somebody ycu can't Jones testified that'he/??d raised lick. ? '. f Flu in South Carolina State Health {Officer .Receives Reports?Disease Subsid ing in Some Sections of Hc,t< if?~ State t Columbia, Dee.. 21.?Towns in various parts of South Carolina sent in reports to the state health offi | cer; yesterday morning in regard to influenza and pneumonia. The reports give the number Of cases of influenza up to December 16. Dr.! James A. Hayne, state health officer, in commenting on the re ports said: "Influenza, seems to be subsiding in some localities and on the increase in others'. "The per cent, of pneumonia is light and there are not many deaths." The reports received from va rious points in the state were as follows: Clinton: Sixteen cases of in fluenza"; no deaths. 1 'BehneUsville: Six hundred and seventy-two cases influenza: 60 cases of pneumonia: two deaths. Bla'ckville: One hundred and eighty-three cases of influenza.; 12 of pneumonia; one death. Greenwood: One hundred and one cases influenza; four of pneu monia:; no deaths. Bamberg; .Four hundred and fifty-tw? cases of influenza; nine of pneumonia; two deaths. " Lbckhart: One hundred and forty-six' cases of influenza: two of pneumonia; one death. . Port Royal: No influenza; one i of'pneumonia. Willistoh: - One hundred and twenty-six Cases of influenza; sev en of pneumonia: no deaths. Anderson: Eighteen cases of in fluenza: fiv?" of pneumonia; no j death's. ?' \ North Augusta: ' Forty-seven {cases of influenza; three of pneu imoriia; one death. ! Florence: ' Five' hundred and j eighty cases of'influenza; 37 of j pneumonia; nine deaths. i Bishopville: Three hundred and fifty cases of. influenza; no pneu monia; one death. Clemson College: No i'Hfluenza nor pneumonia among cadets'. Th the. community 14 cases of influ enza; two of pneumonia . Blackburg; Fifty-five cases of influenza; five of* pneumonia; one death. Allendale: One hundred' arid thirty-six cases of influenza; 12 of pneumonia; no deaths." Chester: Fifteen cases' of influ enza; one of pneumonia; no deaths Con way: Fifty cases of influ enza; three deaths. . Lancaster: Thirty-six cases of influenza; 15 of pneumonia; one death. Barnwell: One -hundred ' arid fifty-seven cases of influenza: two of pneumonia; no dearths; disease subsiding. Beaufort.' Twenty cases of influ ; enza; , one 'of ^pneumonia; no deaths; mild type. Cross Hill: Thirty-two cases of influenza; six of pneumonia; three deaths. Little Mountain:^ Two hundred and fifty cases of influenza in community; one of pneumonia; no (deaths. ' Rock Hill: Ninety-five cases of influenza; ten of pneumonia; one death. Pickens: No influenza; no pneu monia; no deaths.. Lowryville:. Six cases of influ enza; no pneumonia; no deaths. Carlisle: One influenza; no pneumonia and no deaths. " Summerville: None. . Ninety-Six: None. Calhoun Falls: - Four cases of , influenza; .none, of pneumonia; no ! deaths. Ware Shoals: Twenty cases of influenza; one case of pneumonia; no. deaths. Like View: Few. cases of in fluenza now, though there was al j most an epidemic in October. Dis j ease was mild. About six cases in jfiuenza now; four pneumonia; one death. TimmonsVIlle: One hundred and forty-two cases" of * influenza; no pneumonia; no deaths. ? Greenville: Severity-four cases I of influenza; three deaths;' no peu monia. ' : Mayesviile: Nineteen cases of influenza; one of pneumonia; no i deaths. ! Whitriiire: Four cases of in fluenza; no pneumonia; no' deaths. Heath Springs: Sixteen cases of influenza; one of pneumonia; no deaths. Blackville: Ninety-three cases of influenza; no pneumonia; no deaths. The court of Common Pleas con vened Monday morning for a term of three weeks. Judge J. W. De Vore presiding. We know a drug store that keeps their eggs..locked, the. safe this! time of year. This is the season of the year for great uncorroborated hunting dog stories. Jimmy' Riles seys' they ought tc give the soldiers the bones, cause they show "d'idn'f 'get any of the meat. Georgia's woman senator does not have to go to. Washington to do as much ;is the average senator does, anyway, j; Some day a farmer will equip his hogs with radio so he won't have to yell his head off calling them. African prospectors who thought they had a coal mine were disap pointed to find it was only di amonds. When Harding said he preferred the neck of the turkey Harding may have meant the necks of the Turks. Our idea of a radical is a man who thinks he deserves his neigh bor's car because he can run it. Meat Ordinance Is Ruled Invalid City's Uw 43 Conflict With the Constitution of State of South Carolina Says , Judge s Memmiger (News.and. Courier). In an order filed yesterday in the clerk of court's office, Judge R. W. Memminger reverses the conviction of Jake E. Bell, found guilty of violating the meat ordi nances of Charleston on November 13". 1922. " Mr. Bell was carrying meat through the city of Charleston from Colleton county to a point outside of Charleston when he w* arrested, his meat confiscated and he himself later convicted and sen tenced to pay a fine of $100 or thirty days in jail. This conviction was under Sec ! tion 4 of the city meat ordinances as ratified June 16, 1922, which ! forbids any person in Charleston i even to have "in possession" meat [not slaughtered at the city ab attoir or federally inspected. The Icase was appealed from the re corder's court and Messrs." James Allan and William H. Grimball, who argued the case before Judge Me.mmingerj for the defendant, Bell, contended that the defend ant had not violated the spirit of the ordinance as it was and that if he had. violated it the ordinance itself was unconstitutional because it violated Section 5, Article 1, of the state constitution, which pr<H vides that, no person "shall be de^ prived of life, liberty or property without due process of law." In the. hearing before Judge Memminger last Tuesday the .city was represented by Mr. J. A. Patla. Mr! Patia was'allowed until Satur day by Judge Memminger to fileji' brief. The News and Courier as*> ed Mr. Patla for this brief for pub lication, .as it had asked the at torneys for the defendant, owing to the great public Interest in this meat question. Mr. Patla said that' his brief was no? completed at the time the request was made and it was never received by the News and Courier. ) Judge Memminger says in his decision; "In the case, under considera tion/ "the defendant is not shown to have sold meat nor to have had any'intention of doing so in Char leston. 'He was merely in transit through Charleston, by misadven ture, from whence he had slaught ered the meat, to a point outside of the city, where he could legally sell the same. Respondents testi mony shows that appellant had previously sold meat to Mrs. Buck in - Charleston; the testimony, as returned by the recorder, shows that a previous sale had been made I to Mrs. Buck at her place of busi jness* Outside of the city limits (even i if' that testimony is admissible, which ? I' do not think it is after .examining' the Youmans case in 76 S. C>, p. 129h" The full text of Judge Mem Inger'? decision follows: State of South 'Carolina, Charles ton county?In the Court, of General Sessions.?The State, re spondent vs. Jake E. Bell, de fendant, appellant. . Order Sustaining Appeal. Appeal, from recorder's court against conviction for transporting through streets of Charleston and haying m possession certain meats slaughtered in Colleton county and not prepared in compliance with regulations prescribed, ? under an [ ordinance of Charleston, entitled "An Ordinance?To amend- an or dinance prescribing the manner in which animals to be used for food shall be slaughtered in the city of Charleston," ratified October 10, 1911, as amended." This amend ment ratified June 16.' 1922. The testimony shows that de fendant came -from Colleton coun ty through the streets of Charles ton with the meat in question, not to be sold here, but at points otit^. side of Charleston, which he could jonly reach conveniently by this route on account of a bridge be ing out of repair. The controversy was carefully argued and has been carefully con sidered. The argument on behalf of defendant, appellant, has been circulated in the press; the argu ment of Mr. Patla; assistant cor poration counsel; orally at the hearing, and filed in writing later, with leave of the' court, is as ad mirable and ingenious in support of the conviction. There is no doubt but that a city has the power to. and should regulate meat for the use of its citizens, with' a view towards health. No one has ever question ed such power as to milk, etc. It is as horrible to conceive of meat from diseased unsanitarily j slaughtered artimals being avail able for sale, without inspection.! us it would be foolish to decide j that a citizen is a criminal be- j cause he receives a string of sau- i sages from a friend outside of the city limits, for use in his own family. The city council, as well as the court, must seek a middle ground, for the true critique of the prob lem. The content, after all. is not wide. The ordinance cannot ap ply, and is not sought to be ap plied, to imported meats which have already ^ome up to standard! sanitary requirements, not to such: animals as the deer, or other ani-j m'als of a wild mature: it applies j only to such animals as to which; there is ownership and as'to their j slaughtering, and to be used forj food in the city of Charleston. In the ense under consideration, j the defendant is not shown to have sold meat nor to have had ahy in- I tention of doing so in Charleston. He was merely in transit through I Charleston, by misadventure, from whence he had sl.mghtered the: meat, to a point outside of the city.1 where he could legally sell the same. Respondent's counsel is mis taken in stating in his written ar-' gument that the testimony shows that appellant had previously sold j meat to- Mrs.'-Back- in. Charleston? I the testimony, as returned- by the [recorder, shows that a previous sale [had been made to Mrs. Buck at her .. (place 'of:business outside of,the' city limits (even if that testimony I is admissible;' which I' do hof tfcJttSs: \: it is, after examining the Toumans Casein 76 S. cl p. 129). . . . ,ThV meat wits not, of necessity, a thing of evil,, as the courts nave held as to lioiior, and as statutes ? have been passed as to cocaine and burglars' tools, the mere possession of which is condemned, and with out defense. Irsimply h'ad hot apparently"been slaughtered and subjected to the tesis prescribed by the Charleston regulations. In Fants Case, 96 S. C, 9, an absolutely analogous case,"our sur S> preme court held that it must ap pear that the accused was with in the spirit as well as the letter of the law. The testimony'here does not support the element of viola tion in spirit, and therefore comes not up to the test in Fanfs case. In the Youmans case, our su preme court expresses the opinion that an ordinance should be de clared invalid when it is so unrea sonable and oppressive in its . op erations as to warrant an infer ence that it violates some ..right" gar?nteed by the constitution. Thfe right here claimed to have been -violated especially, is that -guaran teed by Section 5, Article 1. ot.i&e constitution, to Witt "The |fev jleges and immunities of citsteftk; of this state and xtt the* Unite* . States under this constitution ?hall : not be abridged, nor shall any per son be deprived -of life, liberty: cr property without - due process of nan', nor shall any person ' Wee nie d the equal protection of tber laws." It appears to this court, under the'.: facts under consideration, that the conviction is in Conflict with tbiar - principle. ? ?- - As against alt of ? this, respon dent advances the argument :of "*aJ? ihcanvenient" informing the court of the difficulty of enforcing this so-called "Meat Ordinance" withC out the provision as to transit an*! having in possession. Aihotig welS informed jurists this argument' 1* of the least value and cannot 1* heid to justify an invasion of guar antees of a constitutional ? provf-"' sion such as w^> have here. This court was called upon rnsny years ago to restrain the "board; of health of the city of Charlcstoh j from enforcing a ruling that 'rid j cows be- allowed to he kept within ) the city limits: The restraining order was refused, the Cows "Were removed and good results, from ? sanitary standpoint, have followed, it iaopes, this opinion will bring, about good results, \tlso. The court; would like to have had the benefit of a detailed oplrir ion from the learned recorder, in support of his ruling, but only the j testimony was sent up. j The appeal is sustained on ther ? grounds hereinstated: And it-is Jsa. ordered. . * . R. W. Memminger.- \ Judge, "Ninth Circuit^ Charleston, S. .C., .J^^^jagg. Foreigners Charged Extra. Rates by Bremen Doctors.; Bremen, Oct. : 23. ? Americans requiring the services of a Brems en physician or surgeon win here after be charged a fee nine tiinesr i larger than what is ordinarily paid j by the natives. This in accordance with a schedule adopted hy/the^o cal medical association. Visitors from other foreign" countries also will have to pay higher rates, in proportion to the esteem in which their respective currencies are held by the" local" doctors. Although the dollar com monly commands the highest re spect of foreign monies among Ger mans. United States citizens suffer J less than those of a number of oth jer countries in the new tariff, j Swedes will be charged IS times I the usual fee, Swiss ten times, Eng | lish and Dutch nine times, and French and Italians six times: ' New rates' for natives fmvertaeen< announced by the association; Ad - vice will be given for 120 marks during the day. TogetherVwtth a ; consultation, this service w^ill be ' rendered in the daytime for 240 marks, and at .night-for SCO. An ordinary day visit will cost. , .200 marks, an urgent call 400, a night visit 600, and a second prescription or a hasty diagnosis without inves tigation 100. , j A young surgeon here requires 1500,000 marks capital now to pro ! vide himself with a suitable estab lishment on wich to "hang out Tits shingle." It costs hint 200;00ft marks to buy the necessary1 In struments alohe. A syringe which cost 10 marks before the war now. j sells for, 2,300 markst Other j items range from 120 marks- for ja dozen surgical needles to 40,000. I for an instrument cabinet. ? Instal I lation of an apparatus for Roent gen-ray examinations would- cost from 1.500.000 to 2.000,000 marks. In this connection attention' is. called to the ra,>id increase ^i the numher of doctors practicing in Germany, resulting in repeated warnings to' the rising generation to follow some other profession. In 11*86 there were 16.000 doctors / in the country. Twenty years la ter this number had swelled to 32,000, in 1920 to 36,000, arid ap parently by 3 925 it will have reach ed ?O.OOO. Before the war there was a doctor to every 12,000 inhab itants, while now the average is about one to every 3.500 people. An electric iron is a swell gift for your wife and, besides it* wiH keep her feet warm at night o 9 m?:? Every now and then stop kicking about; the grocery bill and think about the food riots in Berlin. - The well-knowji Boston singer ar rested in New York was charged with theft, not with singing. Why don't auto makers put -out 1923 models with ready bent fend er* go they will always look aew?