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LYON WANTS MONEY.
Asks Supremo Court to Require Com- j
mission to Furnish Him $15,000
Appropritcd by Legislature.
After a conference between llie attorneys
interested on behalf of the
State in the litigation over tlio State
disipensary fund, it was decided to
request a hearing before nn extra |
term ol: the South CatvlinA supreme
court in orJe*1 1 o obtain a decision on
the availability of I ho $L">.0()0 given
for the prosecution of the "graft
|| cases." Chief Justice Pope, after
| hearing- tho arguments made by At$
' itorney General Lyon, issued an order
for a hearing on the question of
ordering the payment of this money
ito the attorney general under the act
of the legislature.
The hearing was had on Wednesday.
The court was not yet announced
It. will In recalled thai the order
5 ' issued by Judge Pritchard of the United
Slates circuit court last, Friday,
decreed that the fund is subject to
jurisdiction by the courts, and the
(commission is Hiqroforo liable for
suits and such action as might be
(brought by corporations or indiviK
duals. This, it is argued by the coin?
mission, ties up the. disbursement of
' (the $15,000 appropriated for fire
'prosecution of the cases, and after a
it .'conference yesterday Attorney (TenH
wral Lyon presented tho following pe:a
tition to the supreme court:
"The State of South Carolina ex rel.
J. Fraser Lyon, attorney general,
petitioner, vs. W. J. Murray et al.,
as Stato dispensary commission,
"1. That by an act of the general
assembly an appropriation of $15,000
was made for use iby the attorney
k general, the commission being direct?d
to burn the same into the State
"2. That the State treasurer has
(made demand for this money and the
'commission has refused to comply
rwith the act; therefore tho petitioner
presents a petition for mandamus,
commanding tho commission to turn
Over tho said fund in accordance with
the terms of the act.
"3. Tire money is appropriated for
the purpose of conducting criminal
v 'prosecutions that have been or may
'bo commenced against any person or
(persons charged with violation of the
law in any manner connected with
'the late institution called the State
'dispensary, and is necessary for the
.yjSi 'attorney general in the conduct of
'such proceedings; that the failure of
fsifiK 'the commission to turn over the monf
ey, is obstructing tire course of justice
in this State and unless made at
Vmp 'once the prosecution will be seriousyM
dy impeded. The petition further
"states that the commission gave as
'$?f 'their reason for refusing to comply
'with the statute that. Judge Pritch<ard
had enjoined them from paying
Wf ?nt; 01 *interfering1 with the funds rew
"5. That the cases referred to by
?| 'the commission have been pending in
jW 'the United States circuit court since
|| 'October, 1907, and various temporary
IP 'injunction*? and restraining orders
t| 'have been served which have hinderSW
'ed them in discharging their duties
M 'under the act of .1007. Therefore,
P| yonr petitioner prays, that in order
jjhi 'that a full adjudication may bo had
|| upon the questions presented by the
said petition for mandamus, the hon|
orable chief justice do order the su-preine
court to convene on the fourth
day of March, 1008, or at some day
(convenient to the justices of said
court, to hear and finally determine
the questions presented by the plead ings
in the above-stated cases."
The return of the commission includes
a copy of the order filed by
'Judge Pritchard and the testimony
Kvhich, it, is charged, tied up the
'funds and prevented the distribution
of the money and the answer to
i this return is as follows:
I "The petitioner herein replies to
and traverses the answer and return
!of W. J. Murray et, al.
"1. As to the objection raised that
'they are restrained from paying out
or interfering with the State dispensary
funds, by order of Judge Pritchard,
the petitioner joins with the respondent
and alleges that the petition
in the case of the Wilson Distilling
company and in the case of Fleisch mann
& Co. aaginst the dispensary
commission show that the proceedings,
are suits against the .State and that
(the United (States circuit court is utterly
without jurisdiction to entertain
the same, or to interfere with or in
any wise restraining the action of the
"2. Further, tire petitioner says
that tho property and assets in the
hands of tho commission arising from
j i tho assets and property of tho late
ij 'State dispensary are the sole property
of the State of South Carolina,
and the affairs are being concluded
and "wound up under tho terms of an
Att i>l the general assembly approvt\l
February 10, 1 f>07. ami amended f]
I'Vbnia ry VM, 1!)(*S; Hiat I lie coin mis- |
sion in dealing; villi said funds can | |
not be conlrolled nor can Hie disbursement
or use of the funds be directed
by any court in equity or otherwise
in any suit in which the State
of South Carolina is not a party, as
the interests of the Slate would be
necessarily affected directly by any
decree or judgment -rendered in such A
After considering the petition,
Chief Justice I'ope issued an order ^
for a hearing upon argument as to t|
whether or not the mandamus should
be issued at an extra term of supreme
court to be held March 4. The
court had boon ordered for a case
from Greenville, involving the issuance
of certain bonds in that county.
The order of Chief Justice Pope is
'' Wheivas, an act of the legislature 1
was approved o:i the '.Mill day of Feb- 1
ruarv. IPOS authorizing and requir- &
ing you, as Stale dispensary commission,
to pay into the State treasury
the sum of $V>,00() out of any funds
in your hands arising from the business
and property of the 'Stale dispensary
and nevertheless you have _
unjustly refused to turn the same into
the Slate treasury, as required by p
said act, to tlie injury of (he State of ' ?South
Carolina, as appears to us by '
the complaint in the above-stated C
"Now, therefore, we be willing *that
speedy justice be done in this
behalf, do command and 'enjoin you V
and each of you that immediately af- p
tor the receipt of this order you show
cause before the supreme court, at
Columbia on the fourth day of March, T
1908, at 10 o'clock in the forenoon, *T
why a mandamus should not be granted
as prayed for in said petition. *
"It is further ordered that copies
of this order and the (petition herein m
be served on the respondents.
" Y. J. Pope, C. J." _
The Noislcss Gun?It's Terrors.
The most, uncanny possibilities suggest
themselves to military experts
who have examined Hiram Maxim's
new invention, the noiseless firearm.
By utilizing an attachment which is
constructed upon the principle of the
muffler of a motor car, Mr. Maxim is
able to explode a charge in a gun
barrel without the sound of the detonation
carrying more than a few
feet. At fifty yards a man might receive
a wound from one of the new
rifles without knowing whence the
Tire use of smokeless powder and
high power rifles has added to the
horrors of warfare. (Soldiers declare
that an engagement with an enemy
whose position is betrayed only by
Mic sound of discharged rifles is a
nerve-racking expoi icnce. They also
want to see the smoke. What will he
the 'sensation when bullets drive iti to
a regiment and there is neither
smoke nor sound to tell that any ene'iny
is hidden within range. Then it
will live like fighting with spectres.
ICxperts are inclined to approve of
the noiseless gun, however, thinking
chiefly of its value to their own side
in a conflict. They point out how
the enemy's pickets might be killed
by a squad of sharpshooters whose
presence would not be discovered until
the dead were picked up. Or a
detachment of troops might be shot t
l-o pieces by a company of unseen .
men before the smaller party could ?
be located. y
But nol only in warfare is the
noiseless weapon likely to become a
terrible weapon. It is said that the
(Maxim Attachment, can be placed up- ^
on shotguns, sporting rifles and re- ^
volvers. The slaughter of ganve
would become, a more serious ques- n
tion than it is at present if such guns
were introduced among huntei-s. A
single man armed with one of Mi'.
Maxim's rifles, might conceal him- P
self in the neighborhood of a herd of y
deer and kill lliem all at leisure. U:i'til
ducks and other game are cxter'minafed
the slaughter would be ap palling.
1'iven now many people arc W
violently opposed to the use of a 1
"pump-gun" on the ground that the ^
'birds do not get a fair show; what
would these say about the Maxim
And the most alarming speculation
of all concerns Maxim revolvers. The
advantage would all be on the side
of the criminals. Assassinations
would be only limited by the disposition
of assassins. The police would be
helpless if they were unable to hear
the shots. When Mr. Maxim's gun is
manufactured for the trade it. will be come
necessary to regulate its sale,
perhaps actually prohibit its manu facturo
except for military purposes.
Chiefly the mold of a man's fortune
is in 'his own hftnds.?'Bacon. ,
n order to mal
>rints 5 and 5 l-2c. per yard.
5ercale 7 12, 9 and 1 2c. yard.
Jinghams 7, 7 1-2, 8 1-3, 9 and 10c. yard.
teaching 5, 6 1-4, 8 1-3, &c. Bargains,
Checked Homespun 6 and 7c. yd.
Vhite Homespun 6 and 7 l-2c. yd. I
bargains in Worsteds 5, 9, 1 0, 1 1, 1 2, ;
1 4c. and up.
'hread 1 c. a Fpool.
^hread, 2 spools for 5c.
^ few bargains left in Shoes from 88c.
for women up.
A. M. CROSS
"More Goods for Same Money
S, B. Jones, Proprietor.
STAPLE & FANCY GROCERIES, PRODUCE,
Confectioneries, Fruit, Cigars and Tobaccos.
Newberry, S. C., Jan, /7, 108.
Dear Madam Housekeeper:
We wish to call your atention
to our stock of Fancy and Staple
roceries and solicit at least a portion of
our potronage during this year.
We feel safe in saying that our stock is
he most complete that is offered here and
hat we can serve you in a satisfactory maner.
We will ever keep in mind three very imortant
points: quality of goods prompt serice
If you are not already a customer of ours
e would be pleased to add you to our long
ist of satisfied customers.
We wish 1908 to be our banner year. Will
ou join us in making it so?
Yours for business,
m p f^J ll If
wv SSwl ^Jbsw^ I ^ca E3Sa&ra?Bra &&!?
?i OF US?
te room for our
le we offer
I Men's Hats worth $ 1.50, will close at 75c.
25c. Agate ware at 15c. Cheap for it.
Tobacco almost at your own price.
Ladies' Undervests from 5c., 10c. and
up to 44c.
Women's and Children's Hose 5c. pair.
Clothing 25 per cent discount,
| Boys' Pants 23c. and up.
Plows 4 l-2c. per pound.
Men's Collars to close at 5c. each.
Lot of other ba gains.
Come and see them at
, Same Goods for Less Money."
ititi?n?tut n?m~"n"T im~~rr t tttit n?nrHTnnrmnn?i
I NEW ACCOUNTS 1
OPENED WEEKLY. ^ |
We do not go Backward. |
I Ours is not a boom, but a steady ! |
Remember we welcome small accounts
as well as the large.
The Bank of Prosperity, j
Pi asperity, S. C. m
I DR. GKO. Y. HUNTKR, DR. J. 8. WHKKI,KR, If I
President. V. President. f
J. I-. BROWNIi, J. A. COUNTS,
Cashier. Assistant Cashier.
S "AIN'T NO DSE BILL, IT'S BURGLAR PROOF."
| A repository in which you have your money deposited,
and maybe your valuables stored, should be
strong enough to resist the attacks of the burglar.
Entrust them to us. They will be absolutely safe.
With an account opened with us you can pay by
check, thereby insuring accuracy and system in your
methods of keeping accounts. There is no greater
convenience and safeguard for handling money than
M. A. Carlisle. H. C. Moseley. T. B. Carlisle.
J. A. Blackwelder. Robt. Norris. Geo. Johnstone.
B. C. Matthews. S. B, Aull. Jos. H. Hunter.