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VOL X IV. N 43.NEWBERRY. S. 0.,-UESDAY MAY 28.1907.
WORKED ON BANK
NT TO NEWBERRY AND WIR
HIS OWN ENDORSEMENT.
buble Forgery Alleged-Man Said
.be Youngblood Represented
mself to Carolina Nation
a Bank as Mr. Crooks.
following in regard to the
s madeon the Carolina Nation
ank 'by R. L. Crooks, or rather
s name by Youngblood, appear
the State of yesterday:
e Carolina National bank has had
ed a warrant for 'the arrest of a
g man named Youngblood, who
.,id to be a resident of Newberry
e ty, the charge against him being
ey. The circumstances of the
are quite unusual. The follow
acts were obtained from an offi
the bank last night:
nesday morning a young man
o the bank, presented a bank
book bearing the name of
k8,P and 'showing that that
had on deposit in the Newberry
gs bank $351. He asked to be
ted to draw on his account for
Maj. T. H. Meighan, the cash
the bank, declined to let him
until the young man should be
ed for by some responsible
idll Judge Fuller Lyon .do," he
ired. Maj. Meighan stated that he
Ad accept Mr. Lyon's endorse
t. A little later Lyon called the
on, the 'phone and said that he
,.bonded officer in the .service of
state and he could not endorse
ers for anyone, but so far as he
Crooks was all right.
ie. Crooks applied at the bank he
informed that the verbal state
of Mr. Lyon was insufficient and
must be a telegram from the
a.uthorizing the Carolina Na
L.to pay the amount of the draft.
he afternoon Maj. Meighan re
pd a telegram from Newberry
d "Jos. E. Norwood, cashier of
erry Savings bank.'' This ines
.,ktated that the Newberry bank
lhonor the draft of Crooks for
The next morning Crooks ap
d in the Carolina National bank
quired if they had heard from
ry. Maj. Meighan stated .that
received favorable advices and
raft was presented and paid.
oung man said that he had a
urchases to make and that he
deposit whatever he had left
'the Carolina National and, in
vould transfer his business from
at was on Thursday. Friday the
ina National. sent the draft for
011tion and attached to the draft
the telegram purporting to come
the Newberry Savings bank. La
n the day Friday came a tele
Sfrom Jos. E. Norwood, cashier,
s4ng tihat the telegram attached to
~'~aft was bogus.
bak had the adldress of the
trepresentin himself as Crooks
Sapp)licationl were it was
h4bY%at the man 's real name wvas
c Jod. It was understood at
r-ding house that lie had left
going toward Raleigh, N. C.,
Carolina National bank had
'll along the line posted as to
harge aga inst Youngblood,
no trW ianspires thant Younmgblood
s in Newherry Friiday, and whe'n
o Carolina National hank heard of
f, the police of Newberry were comn
1 nicated with. A police omeier wh'lo
saw Youngblood is sa.id to have re
marked to some bystanders thant lhe
would arrest Youngblood as soon as
1c could get a wvarr.ant. Of cour~se
onngblood heard of it and loft the.
The bank now has information
lint when it requiredl a telegram
rom the Newberry bank, Young
10ood caugh~t the midday train to
ewberry, sent the telegram himself
ad signed it wvith the name of the
ashier. If this can be proved it will'
onstitute an additional charge of'
Saturday morning a young man
alkod in the Carolina National bank
nd said: ''Do I look like the man
ho tried tn gmt van to ash a draft
THE NEWS OF PROSPERITY.
Good Missionary Meeting of the Luth
eran Synod of South Carolina
Commencement This Week.
Prosperity, May 27.-There has
.just been held in Prosperity a mis
sionary conference of the South Car
olina synod. The conference occu
pied two days. The executive com
mittee of the Women's Home and
Foregin Missionary society of the
synod were present, together with
the missionaries from missoins in
Spartanburg, Greenwood, Salud and
Graniteville, Sumter, Florence, Olym
pia mill district, and other points
were represented by the delegates.
The meeting was held under the
auspices of the executive committee
of the South Carolina synod. Rev.
Dr. Scherer of Charleston, Dr. Hall
man of Spartanburg, Drs. Cromer
and Bowers of Newberry, Rev. W. H-.
Greever, editor of The Lutheran
Church Visitor; Mesdames Jas. A. B.
Scherer, M. 0. J. Kreps, Kate Ear
gle, D. B. Groseclose and M. J. Hab
eniclit were in attendance upon the
Rev. M. 0. J. Kreps of Prosperity
presided. Much work was done and
much was mapped out. The new Luth
eran church at Spartanburg is rapid
ly going up and work in Greenwood
will begin in the near future. A num
ber of towns in the Piedmont are call
ing f;r help.
Rev. C. E. Weltner of St. Luke's
Olympia mill mission gave a fine re
port of the work being done there.
There is under him the only real dea
coness in the south.
On Thursday night there was a
grand missionary rally, at which Dr.
Hallman spoke on "Our Field in the
Piedmont;" Rev. Mr. Weltner spoke
on ''Our Field in the Mill Towns;''
Rev. W. H. Greever spoke on "'Our
Resources-Divine Grace, Human In
terest;'' Itv. Dr. Scherer spoke on
Mrs. Jas. A. B. Scherer, who had
just returned from the general sy
nod, women's convention, held in
Philadelphia, brought the greetings
from that live body.
The executive committee of the
South Carolina synod held their meet
ing Friday morning and legislated in
reference to Sumter, Florence and
other points demanding their atten
tion. Much interest was manifested
and it is hoped much good will come
from the conference.
The executive comimttee of the W.
H. and F. Missionary society held
their meeting Friday afternoon and
transactei routine work. Mrs. C. E.
Weltiner, havingu resigned as secre
tary of the children's work, Miss Erin
Kohin of Prosperity was elected to
fill the vacancy.
The missionary conference was
quite a succeis. Rev. Kreps was ele
eeted chairman and A. H. Kohn see
retary. ie executive committee of
the Woman's 1-. and F. M. Society
held their meeting at the parsonage.
Mr-s. Kate Eargle of Greenville is
visiting Mrs. MI. 0. J. Kreps.
Our people are looking forward to
a week of enjoyment in intellectually.
Good rains have fallen here and
crops arie improveing.
Miss Jessie Moseley returned Wecd
nesday- from the commencement at
Elizabeth college Charlotte, N. C.
The puliei -is cordially invited to
altendi1 thle recital by thle music class
of Mrs. J1. Frank Browne. May 30,
8.30 p. in.
1)uet --Auit un m D ays-C. 1inmdsay -
Misses Schumnpert and( Gibson.
M~iss 1'ula Taylor.
Pair-ie hGlop-Oosten-Pearl lIar
Sextet Ie May D)ay-Rathun--Pia
no :1. Mamie J, Taylor, Eunice D)om
i-ck anid TAmuse Singley. Piano 11.
for $3007''' The hank omclials could
discover no0 resemb)lance. ''WVell, I'm
C'rookcs all right, .'' lie said. In the
con vorsa tion wh i ch enisued, he was
asked how Youmngbhlood got his pass
book. ''Stole it from my trunk, I
su~p5o,'' waIs the rely.
Thme bank omfeinls think that they
have a sure ease against Youngblood
and with Sheriff Buford behind him
it is a question of only a day or two
until the fugitive will be capture.a
Minnie Heintz, Mary D. Hunter and
Dance Bijou -Peterson - Tena
Oberon - Fantasie - Leybach
'Suinbeam Polka - Read - Lucile
Valse Vallet-Rat hun-Dottie Mer
-Leone-Piano 1. Misses Moseley,
Livingston. Piano 11. W. M. Wise,
The Forest Clock-Rathun-Annie
Spriay of Arbutus-O'Neill-Grace
The Dying Poet-Gottoehalk-An
Duet-Tilne Friendship March
Misses M. L. Wise, Lorick.
Alpine Song--Rathun-Mamie Lee
Rustic Dance-Mason-Miss Mar
Vocal Duet-Mrs. Kreps and Miss
Polka De la Reine-,. Raff-Willie
Grand March-Oesten-Lel-a Har
Oesten-Piano 1. M. L. Wise, Eula
Taylor, Marie Schuimpert. Piano 11.
Grace Reagin, Lucile Counts, Tena
Valsette-Nunbery-Mary D. Hun
Duet-Fairy Queen Galop-Smith
-Misvss Merchant and Fellers.
Thell Corporal Marchl-Rat hu n-Mc
un-Piano 1. Julia Schumpert, Me
Frall Wise. Piano 11. Mary L. and
TAAnguage of the Flowers-Benson
Caprice Elegant-.Heine - Clara
Vocal Trio-Misses Russell, Kohn
and Mrs. Kreps.
Trio-Dance of the Demon
-Misses Livingston, Willipm M.
'Wise and Miss Moseley.
The medical use of red light in
smallpox eases to prevent marking
is apparently a very ancient mode of
t reatiinentI redliscovered. A correspond
ent of ''Nature'' this week quotes
the folloiwing remarkible passage
from a footnote in Miss Strickland's
history of Queen Marguerite of
France, first pub)lished in :1839. Ac
cordintg to this quo01tIon, the red
li!rht treat menit wouild seemi1 to have
-h'.eco. knowni in the days of Edward
T: ' 'Whirile music anid' sculpl.ure had
attIained sonme degr'ee of perfection1
ini Eng.~lanid at t his timew, oIlher arts
and1( seienc'es were ini a si rani.e si tae
ofi brbarous i2nor ia n ce. Thew earliest
niotire of. medie:al praieliee is to he
foundli, at t his (era, ini Ile Lat in work
doctor, desct'ribhi ni. his t reatmeint of
of (Ia ddesden, physicin at thle Conurt
of Queen Ma rgneritIe. ~ThIis lear necd
Princwe Ed warid ini thle smaillpox, thui..,
dleclares his mode of praictice. '1 or'
dered thle prince to be enveloped in
scarlet cloth, and I hat his bed and all
the fuii t.ure of his chamber shiouild
be of a bright red color, which praeO
tice not only enured Ihm, lbut prevent-.
ed1 his being amarked. ' More by good
luck Ihan goo management. Assiur
e dly it may be su1posedl that ('ad(des- 1
flenl wished to stare the red inflmama..
lion of the smallpox out of coun ten
ance by his glare of scarlet reflee
tions? Hie add(ed1 in his 'Rosa Anglo- I
rum' thai 'lie treated the sons of the
niobilest houses ini Eni'sand with t he
red system and made good cures ofi
all.' Tn this childish state was the I
nolble art of healing at the Court of<
LABOR CONTRACT LAW
DECISION BY U. S. JUDGE W. S.
He Hold The Law Contrary to Thir
teenth and Fourteenth Amend
to theFederal Constitution.
A decision which will affect hun
dreds of Pariners in this state who
employ farm labor was filedl in the
United States District Court -cster
[lay by Judge William H. Brawley,
in which lie holds uncons it ti ional
the Act of the Legislature which
makes the breach of a labor contract
ft misdeeaiior punisia.ble by impris
The case was brought. before the
Court by Aitorney' John P. Grace on
biealf of Mnoelh and Elijah Draytoni
in habeas or-pus proeeedingrs. In
brief itN was alleged that th, two menl
made contracts with Maaistrate R.
[jobby 'Clement to do certain farm
work for which they received lpart
payment. It is ailleged that they
failed to do the work and warrants
were sworn out for them.
The decision of Judge Brawley,
while referring to the (ase in ques
Lion briefly, is as able discussion of
the whole matter and deals largely
with the law on the Eubject.
It is generally regarded as one of
the most important decisions filed in
South Carolina in several year-3, and
will no doubt be read with interest
by people all over the state.
The decision. closes with the follow
''The statute in question violates
the Thirteenth and Fourteenth
Amendments of the Constitution of
the UMted States, and laws made in
pursnance thereof, and is null and
void. The prisoners are discharged.''
When the .ease was up for argume-t
lefore Judge Bra.wley some time ao
Attorney John ). Grace representitd
the petitioners: United States Dis
Iriel Allorney Cochran represenfted
the (imvenmerint in the intervention
proeeedinlgs whihIl were filed in file
-ase, and Attoriney Gen,e. al 1,yon aid
Atornevs William Ilen - Far:er and
W. St4. Julian Jervey defended the
'onstitutionality of the Act.
The decision inl full is as follows:
United States of Amerion, District of
South Carolin-a-Ex Parte Enoch
Drayton and Elijah Drayton. Peti
tion for Writ of Habeas Corpus.
-llrawley, District Judge:
The above n.amed petitioners, ne
.roes and twinl brothers, then on the
hain .ang in Charleston county, ap
fied ito his Courd for a wril of Ia
eas coIrpuls, and the retuI1rn of the
dheriff of the county, duly filed, is,
that lie holds the within named
1.noch )rayton and lijah Drayton
an.der a commitneint by Magistrate
T'. A. leekett, Charleston County, on
i chare of violation of contraet.''
It appearis from the transcript of
lhe test imony taken by the steniogra
phler of this circuit, t hat upon the
rial befoure the above noamed Magis
rate f' . I ebby (lenient, of' Wadmalill
uw i sl and, thle prosfenitr test ifi ed
Ilat ini thle year 1000f the two meni
dihove. namedi'( made colntracI(ts withI
ii m.t in whtich t hey agreed to do) 1 eer
air.t: firm or agiricuiltunral work, f'or
whlichr they received Ipar n paymint;
ha i' l ork wa to bei dne 'in .1Jan.
miry. I iii~. Ihey hlinri hn iii nder14 'n
>iiher imac't that kept !themi iimplo.
'rd for ibe year l!900. I's i (fliet'.
o do th wrkl. I swori '4nt warirainits
owni w''fls, n'li .Ianniarv thiey tfailed
>(e1fire \l:,gisl rate B4'ckett f or viola
hetioni :;57 of the act oif 19411.' Thre
-et of 104 amends sect ion 357 of tIhe
Uriminal ('Ode of thre St ate of SoulthI
lar'olina. and makes it read as fol
ows:' ' Sction 357. A ny laborer work
ng on sharesrC of rop) fir for wages in
nlone y or other voluiable ( cons5(1idea
ion, nndierfl ai vCil or01 wr.itte (ciin
r'aet Io hinhor on farm land1, who shall
eenive adivancles ei ier' in muoriov or
uplplies. and thnerea fter wIIlfrilly and4
vithounit just caurse fail to perform
lie reasoniable service requjired of
l im by tIhe t er'ms of the said corntract.
hall he liable to proseut ion for a
nisdlemeanior, providled t he priosen
ion shall lie comimened within tirty
lays after the alleged violation, nd
on1 (1onvict ionl Shall be pulished b;
iil)risonmient. of thirty nays or fine
in) ithe sml of inot less than fifty (101
lars nor more than one hundred dol
lars, ill the disertlion of' the Court
provided the verbal contract hereir
referre(i to sial he witnessvd by ni
least two dist interested witnesses
provided that, such contract shall b(
valid only between the original par.
ties thereto, and any attempted trans.
fer or otherwise of ayi.) rights there
under shall be null and void.'' Ap.
proved 251-h day of February, A. D
These men had been proseeuted ill
December, 1906, for violating the saim
con(ract, and had served a Sentenlec
upon the chail w. gang for t ht offense,
Act No. 242 of the General Asseubly
of South Carolina, approved on the
same day with the Act above men.
tioned, provides that a conviction foy
tile violation of tle contract mention
ed in Setion :357 ''shl1 not operate
as a release or dischore of stch per
sol froim tle perfl-orIlainee of
ainy part of said cont,ract
which is to be performed subsequent
to the date of the breach of whicb
such convicition was had.'' The con
tract alleged to have been violated
was not produced at the hearing, 110
was there any deffnite testimony aw
to the amount due by the laborers
Clement's 'books of account, aske
for by attorney for petitioners, nol
being produced. No testiniony what
ever was offered as to the circum
stances attending the alleged breach
the only witnesses examined being
Clement, a magistrate, and one Sea.
brooc, his CoIsta(ble, and the only al.
leged criminal act, testified to was
in Clement's words, "'they failed t(
do the work.'' Two aflldavits of on1
Jaeques, that he had witnessed con
tracts between Clement and the de
fendants, which contraets were Io
offered inl evidence, is about al
thiat ihe record discloses whieh ha
any hearing upon the case. It (lihl!
nplwars that ilhe criie for whiel
tIl h 1men were se.at to th chain gan
is the 1ailire to work for Clermeni
underki conltraets by% which he h a (
made certain advanices, to them, an.
they had agreed to work until thi
whole amount was paa.
The Thirteenth Amendment, of th<
Constitution of the Uiited States, de
elared ratified December 18, 1865, iE
as follows: ''.Section 1. Neither sla.
very nor involuntary servitude, ex.
eopt as pirnishment. for crime, where.
of the parties have been duly convict.
ed, shall exist within the United
States, or any place subjeet to thei.
''Seelion 2. Congress sliall havc
imwer to eiforee this arliele by ap
pro pri ale legislation.'
The Act, of Congress of March 2
1867, declares tihal tle ''holdin
(f any personl to service 01
labor under the svsrem known as
pew:age is hier-eby declared to be nln
a w ill, and the same is hereby abol-.
ishied and forever prohibit ed. etc.
etc.; and all Aets, laws etc., of any
'Terri tory oir State oif the United Sta..
I es which have heretofore estanblishi
ed, man inlined ori enfrorced, oir by vir.
tune of' whliih anyi atllempt shalil here
Pfler bhe mladle If' establish, miniitaini
'Ir enftor(ce, diriectly or' indirectly, the4
I :iln r of an |r EfrsonT as j'('ns. ui li
'uidla ion f any~ dlbt E r1) jobli1ntionEEr
"herwE.) E an th le -:3n arE : E here
T\Efh- S ur iml ('i url ~tin ('li l v
as5 : stIllIus ol' EIIndi tilln <,I (')lElngs.
\ s o t e e' t he mate : h
m'a,l tfael is I' fdetednlEus. * * *
T'hia w ~lhih is 4)'Intempllatd by lv lie
elatuite' is c'ompls~iIory service Ito so
(enrej thle paym~ieni o Ef a dhebt.****
Ef t his leg.islatIion (or its appl)icabil
ity' If) Ile case of anyi personi hoflding
aniot her ini a state of' pena and
t his wvhet her there lhe mhunliE.ipal orvli
'lancee or' Slate la w sane; ioniner sinah
The' fir-I ejiestion.1 to bIe c'onid~uered'
s whethe l th'le Act oif 1001-I, etion11
357. off thle ('iriinal C'de ofl South
'a rol in a. is hinefled to se'nr uico-Ci
pulsor'y service ini pay-maent of' a deblt.
That a ppea rs fo lie its solr- purp] ose
and~ effect. ft. provides ai Coercive
veaplonl If' be u'sed by the employer
.ind enables him 10 send to jail or the
Sclaini gang any person who may ''fail
I to perform the reasona'ble service re
(uired of him by the terms of the
said econtract,'' and the learned At
tort'ey General of the slate, while as
serting the validity of this Act upon
roun10i1ids hereinafter to be considcred,
does not, contest the fact that such
is its Iiro-se and effeel and vindi
eates the same on the ground that
such legislation is necessary owing to
the peculiar conditions of agricultur
al labor it this state. The great
hody of such laborers, as is well
knowin, are negroes, and it is claimed
that being without any financial res
ponsibility the ordinary remedies by
judgmnent and exeution for breaches
of eonltract would he utterly futile.
That such is the prevaiin ig opinion
is manifest in a'nother Act of the Gein
eral Assembly of Sonth Carolina, ap
proved February 20, 1907, wherein it
is provided tha "any 'person or per
sons 'who shall i hereafter go into pos
Session of anv farming land of an
other, or. sliall enter into a written
agreeIMen t or contract to go into pos
sessioi of the farming land of an
other as a tenant or under a. contract
to farm and cultivate said land, and
shall without just cause or excuse
leave, desert, or quit the land so leas
ed onl contracted for, shall be deemed
uilty of a misdemeanor, and be fin
ed not less than twenty-five dollars
ior more than one hiindred dollars,
or suffer imprisonment not less than
five nor more than thirty days, in the
discretion of the Court.''
It not being contested then that
the purpose and effect of this legisla
tion is to secure the performance by
an -agricultural laborer of the person
al service required by his contract,
by visiting him with pains and pen
alties for its violation, the next, ques
tion is whet hIer such legislation is val
id mider the Thirteenth Ammiinent.,
which forbids slavery or involuilary
servituile. On Ibehlf of the state it is
conlenled (hat snch legislalionl is a
lawful exercise of those plifice Iwers
which aim1ittedly are reser-ved by the
states; that it is a lawfiul exeise of
snch pvweis to deliiiiee as crimes
Ihe vitlatitin idf siien coitracl , and
that persin - nvidIcI thnr'einier are
wilhinl the exe'ptinl, the lanlgiuIge of
the aiinemhneiil being '' involin-tary
servitude, except -is a pulislimit 1o1'
crime.' Inlasnllli as it is contendel
by the petitioners that this legisla
tion is also i.n conflict with the Four
teenth Amendment, inl that it denies
them the equal protection of the
laws, being applicable only to labor
ers woirking on file farm, amd is not
e(<Ia'll and uniform, the (pli-ion will
be (onsidvred as af fetet4 by the t wo
o111Pndmlelits named. The pwrtinlent
ehui15ses illf Ilhis uiw dm n'1t are as j'I
)mns: ''No stall shall make or it
force anly 11 . law which shall abridge Ite
privileges mr immniiIies #of eitizens of)14
Ilie United Stiles; or shall a.ny stale
deprive any pers(Iln of Ii l(, li.berty or
Jiproprty' witl dgue procewss of law;
n14r (1eny3 to, anly person1 withina its
jurIisdlic'tion4 thle ('filal protectio of110
(lie laiws.' 'Thie poilice po4wer' is ain in.
ine'enr ate, limt coniiven jilnt phiase' used
to4 (designalite( 'that n pow'er inhierenit in
4'er soverei54 ly ino mae la ws e'ssen..
til lo thle publhiie we'~lf(are; I'o priomot e
lhe pubhlien eathI, saf'ely and mora'ls,
:itm i' 441'e en andif' pun't i sh guhe j m-s'
inisio ofpu v.i o' ies I mi i n..~'s
ill 4i'lf''I' (', I4 h ir n ofi (;we i'ufi'iel
' . eiil'i d 11111 c iety wherie'1 1fro i flits
iy1411 idiolhiI'l pri'in ot proiety
Like 'eery 4other1 po4wer, the1 pol1iceL
(114wer' is subiject to th le Conist i tution,i
anid canno b11le used as a cliak for' leg
islat Iion wh ichemripa iraifs 'hiIs or' nudl
ly r'esliels Ilibertijes gunarantee'd'4 by it.
Va1s1 a11 'nd 4comphenf'lfsiv a( s is thle
field f'or' the legitimate e'xerc'ise of
thle piolice plower', it is no4t arb'hitrai'y
or1 unllimnited', hut is fel t('red by thes
fexpre'ss and4 ( ''1 p 1mpl'y priohii itions
'If the 'onst itoii lon whiieb is the su..
premne law of' lie land, and1 wherever
14"i 11on I ar lImed 'i'to to impaidit is15(
-'neh le'ishI i441n andl dlel ermine whet hi.
cir it r'ea lly relat es to thle pubil ie wel..
far'e. whntihe i isnacted :., te .ii