Newspaper Page Text
r LAW VALID
So Declared in Decision by Land's
Highest Court?Unanimous Opinion
Announced by Chief ,
Washington, Junp 10.?The validity
of the "newspaper publicity" law, enacted
in 1912 as a provision of the
Postal Appropriatior act, was upheld
today by unanimous decision of the
supreme court of the United States.
Chief Justice Whitn announced the
| The law requires every newspdjjci,
, magazine or other publication to file
p semi-annually, with the postmaster.
general and the local .postmaster, a
sworn statement of the names of the j
< editors, managers, owners, stockholders
and bondholders, and in the case \
of daily newspapers of the average
daily circulation. Publication of these
statements is required, and for affil-;
ure to comply with <\ny of the provi- j
sians the publication shall be denied j
the "privilege of the mail." A second
paragraph provides that paid for
editorial or reading matter of any
"such" publication shall be marked
"advertisement" under penalty of a
* fine or imprisonment.
Contention of Protestants.
Ahnnt 88 ner cent of the newspa
pers already have complied with the
law, many under protest. The Lewis
Publishing company and the Journal
of Commerce and Commercial Bulletin,
of New York, lcd the attack upon
the statute, bringing suits for injunction
in the Federal District Court of
Southern New York. When the law
was upheld there they appeal'd :o the
highest court, they claimed that the
law sought to "regulate journalism"
and ito enforce a censorship o? the
-In reply former Solicitor General
Bullitt contended that, notwithstanding
a division of the provision into
two typographical paragraphs by the
senate, after the measure was passed
by the house, the law was only one
paragraph, imposing conditions upon
the use of the low second class mail
rates accorded newspapers and magazines.
Conrt Sustains Bullitt.
The supreme court today adopted
Mr. Bullitt's interpretation. The use
in the act of the word "entered," a
technical word employed only as to
second class mail matter, showed,
Chief Justice Whit* held, that congress
in passing the law had in mind
only -the second class mail and not
the right to use the mail as a whole.
The use of the words "privileges of
the mail," the chief justice took to
be a positive reference to the second
class of mail because of the great
a.-ivpntnornewsnai>ers were granted
under the second class over other
classes of mail, in order to promote
the "dissemination r.f current intelligence."
He said congress did not
intend to exclude papers not complying
with the provisions from the use
of the mail, other than the second
The second paragraph, it was explained,
wras but a part of the firs>t,
as shown by the use of the word
"such," an additional penalty being
prescribed for administrative reasons
Discusses Sight of Congress.
4 The legislative hiptory of the provision,
the ciief justice declared, upheld
the interpretation of the "words
given by the court. After interpreting
the decision as imposing conditions
upon the use of the second class
; mail, the chief justice proceeded to
' discuss why congress Had tne ngm
to impose such conditions.
\ A study of postal laws from colonial
days to the present, he said, showed
a persistent adhesion to a policy
* of discrimination in favor of newspapers
in the mails. He qv'ofced Mr.
Bullitt as stating letter mail was subjected
to a charge of 80 times higher
:han newspapers, and that letter mail
produced an ann.ua! profit of seventy
millions, while the newspaper class
entailed a seventy mimon aonar ioss
on the gov-emment.
As a further discrimination, he said,
individuals must pay a higher rate
' for mailing newsparsrs than the publishers
or news agenci s.
Says Conditions >'ot Arbitrary.
In return for this discrimination,
the chief justice declared congress
had the right to fix the standard to
be met by those who wished to enjoy
the privileges. As lar back as 1887
rules were promulgated for those who
desired to enjoy the privilege of ttve
He suggested that the court could
not bring its mind *? the conclusion
| that the newspaper attorneys were
assailing a classification of mails,
1 with certain conditions attached to
some classes, as an interference with i
the freedom of the press, when for
a long series of years, legislation had j
especially favored the press to its
pecuniary benefit t?y classification.
The conclusion reached was that the
conditions exacted v-ere incidental to
the privileges conferred upon the
newspapers and were not arbitrary.
PRESIDENT NOT YET ELECTED
~ - ? - A Vr An /I A f C ATI ill
J Jean Jioure .lrunt; Iiruu vi o" u in
Columbia, June 10.?'Election of a
president to succeed Dr. S. C. Mitchell
resigned, vras deferred by the board
of trustees of the University of South
Carolina, when it met here .today.
Prof. A. C. Moore, dean, was made
acting president, pending the choice
of a successor to Dr. Mitchell, at the
president's salary of $3,500. Every
member of the board was present.
Ex officio members are Governor C.
L. Biease, senator Jtiuger smKier ana
Dr. C. T. Wyche, of >the house of rep- ,
resentativ-?s, and John E. SwearingDn,
State superintendent of education.
Elective members are C. E. Spencer,
of Yorkville; "\V. T. C. Batcs, of St. i
IMatthews; J. Q. Davis, of Winnsboro;
D. R. Cok-er, of Harrsville; August
;Kohn, of Columbia; P. A. Wilcox, of j
Florence, and W. M. Hamer, of Dillon, i
PRESIDENT APPOINTS GALLOWAY
South Carolina Man Xamed as CItII j
Washington, D. C., June 10.?
'Charles M. Galloway, of South Carolina,
who is private secretary to Senator
E. D. Smith, and who stands high
in the favor of Democratic senators
generally, was today nominated by
President Wilson as a member of the
civil service commission.
President Wilson also nominated H.
iW. Craven, of Washington State, retaining
only John 4.. Mcllhennv, of
llie prestui cuxiiuiisanjix. it is hvl
, known who will be chairman of the
The only South Carolinians that
have ever served on the commission
hertofore were Ex-<"k>vernor Hugh S.
Thompson and Wm. L. Trenholm, of
Mr. Galloway is a native of North
Carolina, and a newspaper man, having
been connected with the Columbia
I State for thirteen years. He is a
: Democrat and became secretary to
' Senator Smith, of South Carolina, in
j 1909, and has since held that posiI
tiVn ond + Vl n of f Tl D CPnflfd
committee on immigration.
j Herman W. Craven, the other civil
1 service commissioner appointed to!day,
is a republican. He is a lawyer
' of Seattle, Wash., %nd has held no
'public offices in the past. Mr. Craven's
selection is said to have been a
pesronal cjioice of Mr. Wilson.
[MOORE DEFIES MILITARY BOARD
| Adjutant General Says He'll Seek Injunction.?Places
Columbia, June 10.?A fight between
Adjt. Gen. Moore and the majority of i
j the members of the military board, I
; composed of Governor Blease, Gen.
jWilie Jones and Col. Julius E. Cogswell,
was staged tonight, when the
adjutant general declared that he
would seek to prevent by an injunction
from the courts the carrying out
of the order of the board to pay the
allotment of $225 of the military funds
to Company B, 1st infantry, of Liberty
Hill. This amount, due the com
pany for 1912, had been held up by
the adjutant general because of the
failure of the Liberty Hill company
to come up to tbe requirements of
the law, and over his protest the military
board ordered tt paid.
N. S. Richards is the captain ol: the !
Liberty Hill company, he having sue- j
ceeded his brother, Railroad Commis- I
sioner John G. Richards, Jr., a few!
: years ago. Over the protest of Adjt.
1 Gen. Moore the military board late ;
this afternoon orde-ed the allotment j
of the military fuinds belonging to
Company B, 1st infantry, of Liberty
| Hill, paid, this amounting to $223.
Adjutant General's Attitude.
This al3o:ment had been held up
' by the adjutant general because, as
he stated, the plan <vf distributing the
! money pro rata among the forty m-emI
bers of the company was illegal, the
appropriation being for maintenance.
Capt. X. S. Richards, of this company,
*Viof f 1 O nf tbo iimniint wnnlrl
j 1 CpUi LCU ?li C> u y X- Vi v V WV4
go for armory rent, and the balance
be paid oat to the members, which
, the adjutant general held to be'illegal,
and an opinion of the attorney ,
! general held that the proposed plan
j of distribution was illegal. The company
also fail-ed to show the required
! CO per cent of attendance of its raemi
bers on all drills, a?. required by the
military code, its report for the past
year showing only 50 per cent.
The military board, by a vote of 3
to 1, ordered the money paid, those
voting aye b-eing: Governor Blease, j
Gen. Wilie Jones, and Col. Cogswell
and Adjt. Gen. Moore, voting nay. Col. .
0. W. Babb, the other member, was
excused from voting, he being the
assistant adjutant g^n-eral.
Gen. Moore stated tonight that he
would refuse to sign any warrant for
the money for this company because
it was illegal, and that he would take
out an injunction to nr-event the comp
troli-er general paying it out.
Encampment Places and Dates.
The 3d regiment of the National
guard will encamp at Aiken from
July 17 to 26, instead of at And-erson,
the 1st regiment will encamp at Anderson
from July 27 to 30, instead of
at Aiken, and the 2nd regiment will
encamp on th? Stata rifle range, near
Columbia, July 2S to August 7, these
dates being agreed on at a conference
between Cols. J. E. Cogewell, W. W.
Lewis and Capt. A. E. Legare, representing
Col. Lipscomb, of the 2nd regiment,
subj-ect to the approval of Governor
Col. Julius E. Copwell, of the 3rd
regiment, on being asked about the
change of the place of encampment
from Anderson no Aiken, said that
both places were perfectly satisfac-:
tory to him. The changes were made
because it means a saving in expenditure.
DR. WHITFORD 31 DU>CA> DEAD
Was Presiding Elder of Colnmbia
District of Methodist Church.
/ i O "D a\r Whifo.
U1 UlilUICt, ?J UUtS ?7 ? 1 Lie lit. . M iitiv |
ford M. Dnncan, D. D., presiding *lder
of +he Columbia district of the
Methodist church, passed away at his
home in this city this omorning, after
a lingering illness. Th-3 funeral services
will take place tomorrow afternoon
at 4.30 o'clcok, in Washington
Street Methodist church, and the remains
will be interred in the church
Dr. Duncan was widely known over
South Carolina, having served varicas
parts of the State, and was loved
and esteemed by the people wherever
! he lived. His death will cause grief
itn thousands in the State. He was a
I native of North Carolina.
A wife and several children survive.
BOHPER WHEAT CROP IN SIGHT
Government Estimte Points to Record
Yield of Grain.
Wasoington, June 9.?A bump-er
wheat crop, suffici?Tit to mill more
than 16,500,000 barrels of flour, and
which may reach the proportions of
1+V.a rflnnr^ 'vlioat h^rVPSt of 1901. if
I L li. ^ U tt mvm v ?? - ^
I conditions from now on are exceptionally
favorable, n-as forecast today
by the department of agriculture in
; its June crop report.
| Government experts es-timated this
year's harvest would be 744,000,000
bushels, of which 492,000,000 bushels
will be winter wh^at?a record for
this crop, and 252,000,000 bushels
An increase of more than 1 per
cent of last year's acreage was planted
to oats this year, but the condition |
of this crop on June 1 was below the |
ten-year average, and omciais estimate
the production will be 1,104,000,000
bushels, or more than 300,000,000
bushels below last ^e^r's harvest.
The- department c?f agriculture today
announced its June reports as
Spring wheat: Area, 18,663,000
acres; condition, 93.5 per cent of a
normal; indicated yield, 13.5 bushels
per acre; estimated total production,
Winter wheat: Condition, 83 per
cent; indicated yield, 15.y Dusneis
per acre; production, 492,000,000
All wheat: Area, 49,601,000; condition,
87.2 per cent; yield, 15 bushels
per acre; production 744,000,000
Oats: Area, 38,341,000 acres; condition,
87 per cent; yield, 28.2 bush- j
els per acre; production, 1,104,000,000 '
Barley: Area, 2,555,000 acres; con-'
dition, S7.1 per cent; yield, 24.4 bushels
per acre; production, 177,000.000
Rye: Condition, 90.9 per cent; yield
16.5 bushels per acre.
Hay: Condition, 87.5 per cent; pas- !
tures' condition, 89.2 per cent.
TO RAISE MOKE"FOR THE NATION !
rnderwood Bill, With Income Tax, is
iioi- Ann AAn ii\ Y.ilnrom n,>.
$OH)WV)VVVI .IU | tuv. ..
Washington, June 9.?A tabl-e prepared
by the senate finance committee
showing comparative figures based
on the Underwood tariff bill and the
pres nt tariff law, shows the average
ad valorem rate in 'the proposed law
to be 32.99 per ceDt. as against 43.64
It tells you h<
phone line wi
now enjoyed 1
? If vou ha1
tell you how 1
You do not ol
AKn TP.i r.
per cent, under the Payne-Aldrich
The estimated ^oss of revenue
through the augmented free list in
the Underwood bill "would be $24,718.329
on an import valuation of
__ 11. ^
$102,534,566. Revenue unaer iue pi imposed
bill, exclusive of the income
tax, is estimated at $266,701,130, as
compared with $304,216,694, under the
With the income t*x revenue estimated
at approximately $80,000,000
the total revenue under the proposed
bill would aggregate about $347,000,000.
In >the sundries schedule, wherein
the Democrats hav added many articles
not heretofore taxed or have
increased rates on luxuries, the ad
valorem equivalent shows an increase
over the Payne-Aldrich rates from
24.72 per cent., to 33.26 and the estimated
revenue fro^a this schedule is
raised from $27,000,000 to approximately
Will Cut Wool Revenue.
Wool revenue, it is estimated, will
decrease from $27,000,000 to $13,000,000.
The sugar revenue will decrease
at the rate of $20,000,000 a
year until sugar go?^ on the free list
in three years.
Mainritv members of the senate
VJ" - 'J
finance committee will meet tomorrow
to prepare the measure for the Democratic
caucus next week.
Senaitor Simmons, chairman of the
committee, said two of the subcommittees
would not be able to report
fully for several days, as each has
several propositions to submit to the
majority members for advice. These ;
include questions relating to the in- I
A J faofiiMo on
come 13.x, aQmimtfuauic ivu.m:
whether certain duties on the Bilk 1
schedule should be specific instead of
Duty on Cattle.
The proposal of the subcommittee
in charge of the agricultural chedule
to put a countervailing duty on
live stock, grains, meats and flour also
will be discussed by the majority
members. With these products on the
free list, subject tn countervailing
duties, cattle from Canada would be
dutiable at from 22 1-2 to 25 per cent,
ad valorem, a sum equal to the Canadian
tax on cattle; meats would be
dutiable at 2 1-2 to 3 cents a pound;
wheat 10 to 12 cents a bushel; oats
and rye, 9 to 10 cents a bushel; flour,
50 to GO cents a barrel; rye flour, 45
to 50 cents a barrel; oatmeal, 50 to
60 cents a barrel.
Senator Simmons estimates that
the majority members will be at least
a week considering the bill.
To protect the city of Xew York
against the operation of a proposed
income tax, where it might fall upon
the city's interest ir thv earnings of
the Interborough Rapid Transit company,
Camptroller Matthewson and
Acting Corporation Counsel Fohle of
New York have suggested important
amendments to the income tax provision.
One amendment would make it
ik for It Today-A I
>w vou mav conne
th the Bell system
;s local and long d
?y more than 5,00(
yen't a Telephone
:o get service at v<
)ligate yourself by
aresi Bell Telephone M
irmers' Line Deparimen'
ith PryorSt, Atlanta, Ga.^
NOTICE OF ELECTION.
Pursuant to the authority of an Act
entitled "an Act relating to Newberry
School District" approved the 27th j
day of February, 1913, and resolutions
of the Trustees of Newberry School
District passed in pursuance of said
Act, an election will be held at the
Council Chambers in the Town of
Newberry on the 24th day of June,
1913, between the hours of Eight
o'clock in the forenoon and four
o'clock in the afternoon, on the question
of levying an additional tax of
one mill on the taxable property in
said School District, to be used for
improvement and repairs. Those
voting for said additional levy shall
cast a ballot whereon shall be written
or printed the words" For special
levy", and those opposed a ballot
whereon shall be written or Drinted
"Against special levy". The qualified
electors of said School District alone
nre entitled to vote at said election.
Said election will be conducted by
Jas. M. Bowers, Alex Welch and J.
A. T indsey, who have been appoints
managers to conduct the same.
J. M. Davis,
W. G. Mayes,
L. W. Floyd,
"W. A. McSwain,
W. S. Langford.
Trustees Newberry School District
Guaranteed Eczema Remedy,
The constant itching, burning, red- ,
ness, rash and disagreeable effects of
eczema, tetter, salt rheum, itch, piles
and Irritating skin eruptions can be
readily cured and the skin m?.de clear
and smooth with Dr. Kobson's Eczema
Ointment. Mr. J C. Evelad,
of Bath, 111., says: "I had eczema
twenty-five years and had tried everything.
All failed. When I found Dr.
Hobson's Eczema Ointment I rouna
a cure." This ointment is the formula
of a physician and has been in
use for years?not an experiment
That is why we can guarantee it. All
druggists, or Lv mail. Price 50c.
Pfeiffer Chemical Co., Philadelphia
and St. Louis.
clear that incomes of States or municipalities
can net be taxed. The
other would exempt earning of any
private corporation -vhen the operation
of the income tax would result
in a loss to a Sta'e, county or city.
Teachers in Phillipplnes.
New Orleans Picayune.
Eighty-five American teachers left
San Francisco recently to enter the
Philippine teaching service. They
were elected from a large eligible list,
and nearly every state in the Union
was represented. They are under a
two-year contract, or on probation to
determine their qualifications, although
the average term of service of
Ampriean teachers in the Phillippines
is six years. There are 700 positions
occupied by American teachers and
nearly $3,500,000 is expended annually
on the schools in the Philippines.
ct your Telei,
and get the .
this book will
iry small cost,
sending for it.
ANY ILgyi II
We "will give a first class barbecue
at Kcitts Grov-? on July 24. A gocd Cinder
B. M. Suber,
0. A. Felker.
We, the undersigned, will give a barbecue
In front of J. P. Wicker's, No. 2
township, on the second Saturday in
H. M. Wicker.
J. P. Wicker.
I will give a first class barbecue at
my residence at the late J. A. Cromer's
home place, on Saturday, August
9. Dinner 35 and 45 cents. Enjoyment
for young people guaranteed.
J. A. Felker.
Barbecue 3feat and Hash.
I will have at my store Saturday,
May 31, barbecue meat and hash for
sale at 11 o'clock. No dinner will be
served. All for sale.
G. W. Kinard,
Prosperity, S. C.
Barbecue at Pomaria.
There will be a barbecue at Pomaria
July 4th for the benefit of the Lutheran
church. Refreshments will be
i served on the grounds. There will
enflflnVioc >\OCO>\al1 QTIfl fttltPT* at
tractions. Dinner 40 and 50 cents.
I will give a first class barbecue at
my residence on July 4. Will Bell
meat and hash. 11.30.
J. M. Counts.
Thii ia a prescription prepared etpedaBf
for MALARIA or CHILLS &, FEVER.
Five or aix dotes will break ?ny cate, and
if taken then at a tonic the Fever will not
return. It actt on the liver better than
Calomel and does not gripe or ticken. 25c
STATE OF SOUTH CAROLINA,
County of Newberry.
By C. C. Schumpert, Esquire, Probate
Whereas, T. W. Folk and C. M.
Folk hath made suit to me, to grant
them Letters of Administration of the
Estate and effects of H. H. Folk
These are therefore to cite and admonish
all and singuar the kindred
and creditors of the said H. H. Folk,
deceased, that they be and appear before
me, in the Court of Probate, to
be held at Newberry, S. C., on the 18th
day of June next after publication
thereof, at 11 o'clock in the forenoon,
to show cause, if any tney nave, wny
the said Administration should not be
Given under my hand, this 31st day
of May, Anno Domini, 1913.
C. C. Schumpert,
J. P. N. C.
Cures Old Sores, Other Remedies Won't Cure.
The worst cases, no matter of how long standing,
~A v.. ^1^ roti'oMo Dr.
rtl C V.UICU uy luw nuju\.uui, vnt
Porter's Antiseptic Healing Oil. It relieves
Pr;in r.nJ ttt'~ - '* '' fSc. 50c, $1.0)
"Is she a member of the divorce
colony?" "Yes; undergraduate."