Newspaper Page Text
LICENSE ACT IS
CORPORATION WISHES IT DE
If it is so Declared by the Supreme f
Court the State iwl Stand to Lose
Seventy Thousand Dollars Certain
ly,and May Have to Refund Taxes t
Collected from Corporations Since
the Passage of the Law in 1904.
News and Courier.
Columbia, March 13.-If the Su
preme Court declares the corporation t
license Act of 1904 unconstitutional,
as it is asked to do in the ease e
brought by the Ware Shoals Cotton
Mill, the state of South Carolina will a
be out the $70,000 or more than had
been expected from this source this q
year, and it may be that the corpora- v
tions could recover from the state the o
taxes heretofore collected tinder this S
The situation is a peculiar one. In %
the petition of the British and Ameri- i
canl MortgIage Company, o1111n which
a deei'ioi Was1% .iv'n severad weeks
ago, it was evident that. there was no
desire to iave the litaw decl aIred u llt
and void and tle chief end of the
petitioner was to escape the payment
of the tax on the ground that the
British and American Mortgage tj
Company did not transact its busi- a
ness in this state. Much stress was a
laid on that point and not much im- e
portance was attached to the question f
of the validity of the law, but the
Supreme Court dismiised the first
point as unsound a'nd granted the pe- d
tition on the ground that the law was
a discrimination against foreign and
domestic corporations aid inl favor of
natural born persons doing business
in this state. The decision of the
Court merely amounted to an injune
tion restraining the Comptroller Gen
eral from the collection of the tax
against that one corporation, but oth
er corporations have seen the effect
of the decision and will now under
take to claim exemption and to have
the law declared unconstitutional, c
which is the apparent implication of ti
the Court.'s decision in the British
and American Mortgage Company
It. will be rec.alled thit, several
weeks ago the Supreme Court filed
a decision restraining the Comptrol- c
ler General from collecting the tax t
under this Act f'roim the British and
American Mortiage Coipiny, a for
eign 11cor-poration, hut tIlis decision
Went no furdher 11han to restrain the
Comptroller (GBeneral in this one case
anil was In t. -enera'l in its terms,
thouh its a1ppli".t16i1n to all 1'oreini 1
corpora1tiol,ns doin) bu'Isiness ill tih is
Staite wou(ld seem'1 tI lie natlral and
legitimale. Now tihle Ware Shoals
Mlmor.actrilI'i ompanyle. a domestic
corpolratlion, has obltahwid anl ondir C
from (' C 1iiJst ie P opeIC, whlichl r'aises
of the Act of 19 0d, and a decision i
tis case will settle the status of
that art. The case is set to he heard 0
before hei Suprliemie Court onl the 22dl
of A pril, tihe ordiir heiwir as follows:
fJones.' otroliiller Glenerat oft the!
stiate ot. SouthIi Caroli1na , respoudeit t, Jl
''1'111 hcarning~ the ve rifled peti
tion1 herein whiichi raises the iutlion 0
(of the 'onstitultionlalitv of the licee
Act (of 19(04, as mnilende'd hvy the Act
oft 1905, it 15is upon1 motion'1 of A. C. V
Todid, pet itionier 's attorneyn.
'Orderedt, ila t A. W. Jones, Comp-- r
troller G eneral otf t he St ate of1 South
Carolina, respon1Idenllt hiere'in, do show
ecns bef i( ore' thie Suprlemne (Coulrt on
the 22d day of. April, 1907, at 10
O 'clock A. M., or as son afte1 rnoon1
as coutmsel can he heard, why thle in-.
junliction41 prayed for' should not hIe
grniteid; and( inl the mecaintiime said
reCsplonden't Ihl enijoiined and1 re5tria ini
Acts ii i r'erece to tOetitioner, to
wa it thle Irder oft the (Coulrt.
'' At C hamlbers, Newhierry, S. tC.,
March1 29, 1907.''
iiIn lie pe'tiition1 it is set forth tiIhat
tihe pet itiner, thle WareC Shlls Mlan
ufactuingiv C'ompanv, is 1a corporation11
orgaized unider thle laws of South
Carolinia, ha:vingi its pinclipal pla1ce
of bus iness in t' coiunt y of
Greenwood, anid engagei~d in thle buisi
ness of man unetinlg 1and4 of general
merchandise. That the petitioner' has
made its report to the Comptr'oller
general as required by Section 1 of
the license tax Act of 1904, as amend
ed by tihe AoL of 1905; in said re
port it being stated that the capital
atock of the company is given as
$1,000,000, fully subscribed for and
paidi inl. That the Compt roller (len.
asherts that lie has the r'ighit unider
the act of 1904, upon1 tile filing of
said report to charge to 'and collect
from the petitioner the license tax
provided for in said Act of one-half
nill upon the capital stock of the
)titioner, which would amount to I
1500, to be collected by the first day
>f April. That the Ware,Shoals Com
>any was chartered on the 6th of
tugust, 1902, and in 1905 its char
or was amended whereby its capital 1
vas increased; that it has paid all i
'ees and charges for said charter re- I
uired by law and under that charter
ias been engaged in business; "that 4
lie license tax provided for by the :
aid license Act of 1904, as aniended
a 1905, imposes conditions and bur
ens upon your said petitioner which
vere not required or imposed by law
.t the time of petitioners' incorpora
ion, as aforesaid, and the require
lients of said .license Act, creating t
harges and burdens as aforesaid,
npairs the obligation of the charter
Id interferes with and restricts the
etitioner's rights and property ac- I
uired thercuinder, and is therefore
iolative of Section 10 of Article 1
f the Constitution of the United I
tales and Section 7 of Article 1 of
ic Constitution of South Carolina,
hich prohibits the passage of laws
npairinlg the obli-ation of contracts.
Firtier, 'That said license Act of
)(H, as amenliided in 1905, in so far
applies o corporations oIginizedl
nd44.er the laws of other states and
)untries and engaged in business ini
is slate, is unconstitutional, null
ad void, and has been so declared by
iis Court in the case of the British
nid American Mortgage Company,"
nid therefore the said license fees
inot he collected legally from such n
)reign corporations; and also that
id License Act of 1904 by its ex
ress terms does not appy to indivi- 0
uals engaged in business in this
ate and therefore does not require
f individuals seh a tax and does s
ot impose on the occupations or
usiness of individuals such a tax or t
po-n the capital invested in an occu
ation or business; that there are
oroign corporations and individuals a
ngaged in business or occupations in
his state of a similar nature with
hat of the petitioner and therefore,
he said license act discriminating
gainst petitioner and other domestic
orporations, required of it and of -
bem a tax which cannot be required
f foreign corporations, and is there
re inl violalion of the 14th amend- c
lent to tile Constitution of the Unit
I States and of Section 5 of Arti- t
le 1, of the state Constitution, and ij
heirefore the petitioner is not liable c
ire those who use the mc
nents. Therefore buy a
itor for only $8.50, mac
oarries 75 lbs. fertilizer,
overs as you go.
Buy a Universal for $4
Little Joe $3.00, 14 to4
nent; $3,75 5 tooth Cul
astment; $3.25 lever ad
iith extra long braces.
See us for any modern
Job lot Stoves. Nothir
We sell Lime, Cemeni
Bring us all kinds scra
Account Jamestown Ter
Season, Sixty Day and Fift(
daily, commencing April 19
vember 30th, 1907.
Very low rates will also be
BRASS BANDS in uniforn
STOP OVERS will be allo'
and Fifteen Day Tickets, sa
For full and complete in
Agents Southern Railway,c
,o be chaIlrgeld with said tax by tle
'om1pt roller Ceneral or to be requir
d to pay the same.
Further, it is alleged that the Act
>f 1904 if it undertakes to impose a
icense or priv-ilege tax on occupa
ions and business, is illegal, unconsti
utional, null and void, in that it vio
ates Section 6, of Article 8, and see
ion 1, of Article 10, of the State
,oistiutfionl, which provides that all
icense or privilege taxes imposed
hall be graduated so as to secure a
Figures Won't Lie.
The following interesting proposi
ion should be figured by anyone who
teeds the information and will take
)ie case of rheumatism and a
doctor's attention .. .. .. ..$2 00
Lt least one prescription .... 75
ioss of time, wrong experiment,
another visit of the doctor
and another prescription .... $2 75
)ilio ailnent and a1 hofflc of
Andes' ..,(,'reat Preseription,
IIe best 1h1e11um t ic specilie ..$1 00
:o loss of ttime. no eX)Crillelt
and no second investmlent .. 0 00
avling to patient .. .. .. ....$4 50
You can buy this wonderful re
iedy, Andes' G reat Prescription,
iomn W. E. Pelham and Son.
It costs $1.00 per bottle, 3 for $2.50
r six for $5.00, and besides positive
v curing your rheumatism, it will
peedily correct any disorders of the
oniach, liver, kidiieys and bladder.
t will also cure biliousness, constipa
ion and all blood 'npurities.
Get a bottle and try it. If you are
ot pleased with results after taking
few doses according to direction,
eturn the balance and get your
The open formula of Andes" Pre
eription is printed on every package
nd label. You can see what you are
Rking, aid there'll be no guess work
In cases of rheumatism and all oth
r pains. it's a good idea to rub with
ndes' Great Oil. It helps things
long more quickly and costs but 50
ents a bottle. You ought to have it
i the house all the time for sudden
st up-to-date improve
K. P. Guano Distrib
le to sell for $10.00.
easily controlled and
.50 this week, former
>th with lever adjust- i
tivator, set screw ad
justment only $4.00
g "job" but the price.
and Builders' Hard
p iron, brass, copper,
:y, S. C.
:en Day Tickets on sale
th, to and including No
made for MILITARY and
I attending the Exposition.
ved on Season, Sixty Day
me as on Summer Tour
ormation call on Ticket
Division Pass. Agent.
Charleston, S C
Agents at A
Moneg is ol
We make friends of c
Transient trade is all
s the foundation of a t
We sell for prices tha
3nd our fair and squarE
>f the statement that "
iad better try and get -
We have many custom
ind all Aill tell you the
The defenders of Thaw insist that
ic is sane but safe.
At about this timne of the year [he
. )d ites "make aIn11 exeri-siol initol
unobl1 ing1 C~ exeieces,"~' to ((uote4
heir ow OWIn weird phraseology.
Hard Times in Kansas.
The old days of grasshoppers and
routh are almost forgotten in the pros
erous Kansas of to-day: although a
itizen of Codell, Earl Shamburg, has
ot yet forgotten a hard time he en- i
ounte.ied. He says: "I was worn cut
nd discouraged by coughing night and.
ay, and could find no relief till I tried
Jr. King's New Discovery. It took
ass than one bottle to completely cure
ie.'' The safcst and most reliable
ough and cold cure and lung and
r oat healer ever discovered. Guaran -
sed by W. E. Pelham & Son's drug
tore 50c. and $1.00. Trial bottle free.
SeniatIor Foraker~ would rescue the
republicani party from orgies of vir
His Dear Old Mother.
"My dear old mother, who is now
i5hty three years old, thrives on Elec-.
ric hitters,'" writes W. B. Brunson,
f Dublin, Ga. "She has taken them
or about two years and enjoys an ex
ellent appetite, feels strong and sleeps
veIl." That's the way Electric Bitters
iffect the aged, and the same happy
esults follow in all cases of female
veakness and general debility. Weak.
minny children too, greatly strength
mned by them. Guaranteed also for
itomach, liver and kidney troubles, by
WT. E. Pelham & Son, Druggist, 50c.
The Huston Post now qluotes straw
Jerries at. seven cenits a q1uarlt. It, is
i shame to brinIg~ ioble creat(ions of
benef Iict turemi in to such contemptd.
Out of Sight.
"Out of sight, out of mind," is an
y1d saying which applies with special
force to a sore, burn or wound that's
been treated with Bucklen's Arnica
Balve. It's out of sight, out of mind
md out of existence. Piles too and
chilblains dlisappear under its healing
nfiuence. Guaranteed by W. E, PeI
barn & Son, Druggist, 25c.
A Tennesse newspaper is suing an
other for damages. This is the ef
feet of a spread of prohibition in
A. Criminal Attack.
on an inoffensive citizen is frequently
made in that apparently useless little
tube called the "appendix." It's gen
orally the result of protracted constipa
tion, following liver torpor. Dr. King's
New Life Pills regulate the liver, pre
vent appendicitis, and establish regular
habits of the bowels. 2d5c, at W. E.
Pelham A& Soan's rug store.
-IZE R s
d :- -
e the Best.
HATE AND OIL CO.,
)n, S. C.
I AIM AND EFI
'ur customers and custot
right for a superstructurE
usiness. That's what we
t attract the most econo
treatment holds them. I
There is no Friendship ir
flong without customers I
ers who have traded here
)LACE TO TRADE
s Greatest Bargai
Iva M I %A
You will save money an get a I
b6tter roof by using u
Slate colored -contains no tar
easily laid-a roofing kit free. t+
p oof. Lasts long ad and oswell
SPL.A NNON N
FR E E ' '""'"'"""""'"
CHIARLESTON & WESTERN CAR- I gu
OLINA RY. we
Schedule in effect January 27, 1907. TI
LY. Newberry iC. N. & L. .12:36 p. m. vill
Ar. Laur'u 1 :42 p. m-. da'
Lv. Laurents (C. & W. C.) 2:10 p. m.
Ar. Greenville 3:35 p. mn.
Lv Laurens 2:07 p.'m. pa
Ar. Spartantnurg 3:40 p.m. o
Lv. Spartanburg (So. Ry) 3:50 p. mn. mi
Ar. HIendersonville ( :25 p.. in.
A r. Asheville 7 :30 p. mn.
Lv. La d'ens (C. & W. C.) 1 :50 p. mn.)
Ar. Greenwood 2:46 p. m.
Ar. McCormick 3:40 p. m.
A r. A ugust a 5:30 p. m.
Pullmon Chair Cars between Au
SECURITY LOAN AND
Supplies the best Faci
v Saving Money at a P
For Building by lustall-ne
For Buying Land:
For Borrowing "oney~on
Get one of Our
It will be the meins'of' your Savir
a Fund that will buy Lar
SECURITY LOAN AND
JAMES N. M
Cor. Boyce & Adalns Sts.. Newbi
peWspe ISU puS se PM'M
end 01u M e9n000 Uo d
u0111 e piosp.411u4 pOun00181
Uvj pugl u9pnlo qtoq 1noqv uollmr
-zojul eoldmhoo eoth~ puv x9jInij seaIR
1#61V60 OAIfldfJosSO 9,pOOM
Pug 'SoBIOS 110cl O
POOS 'SPODS JOACID PtU 999AI
. Oj 810la-unbpwil on~ oA
-Aijunoo atill ui jo2v oinjo ouo 91
UUQf esV UPS
f1peas ul epv4~ an jqvutvjqo
spoos joq eqj~ BuiAlddniS xj
onqerAus o PoRsfdiniuendusi .
owdnbe wo rn e& Xoudfo
95Fnoq.xv.% o2avl put---punojS
mi!al uelkeIeJ ppr UsMO ,no
*9NMOtI V 9319VI
303A voinch s ose
IPOS UAP "QT
!.OOS IL UP jd
Plolo JU s!uv
Cars of ourfrins.
Wehae worke fportu
)ityg thanking disoE
fhn wtout friends.
frn the pare 20 yearst
ri ala e.
Cards of AThal ris.
kby. L tea Auustomuedas
Wehae thise fporu
i Mnseinesa and a
ote: The asse riasane de
yer ois remgive asior
fr the st fro ouars
tn and ariety gurate
Cnn. Al e .
kl.Lae Augusta, usays
C Mo o. Tderan,F
ho endTeroed arias andhe-r
nself iascwel asd coneion with
eroaie, Rae ivn Ia inr
g%ion e an d are n c g u lated.
IN VESTMENT CO