Newspaper Page Text
COURT UPHOLDS THE
r REDEMPTION ACT
COMMISSION MAY PROCEED WITH
Supreme Court Declares Act Antborizinsr
Refundment is Constitn
^ tional?Points Considered.
Columbia, Sept. 8.?Act of 1912
providing for the exercise bv the State j
' of South Carolina of its option to call i
in and pay the whole or any pa!rt
of the brown bonds and stocks, issued
under a special act allowing the
l redemption, was declared constituA
tional by the supreme court yestermL
day. in a decision by Associate Justice
jm Hydrick. The test suit was brought
by W. W. Hay.
"It is therefore ordered that the
i commission be at "liberty to carry out
the provisions of the act of 1912 in
accord with the views and principles
| herein announced," concludes the deft
"That provision of the act was intended
to make the sinking fund
/iinrvnlo+iira nn 1 -it until fho time cTimilfl !
vuuiuiaui^, uuij uiibn tiiv V"v?-?
| arrive for the final redemption .of the
I bonds and stocks for the payment of
L which it was set apart, \shen, of
, course, it "was intended that it should
W be used for that purpose. That time
has arrived, and. by the express terms
of the act, the State now has the right
to call in and pay or redeem the
I whole or any part of the bonds and
[ stocks issued under the act. There\
fore the commission should cancel the
| bonds and stocks so redeemed."
Action for Injunction.
On January 6 of this year this ac- j
k tion for injunction was begun against j
the former members of the sinking
fund commission to test the constituB
tionalitv of the act of 1912, and the
authority of the commission thereun|
der to pay or refund certain outstanding
stocks and bonds, and the validity
w ol a resolution of December 23, 1912,
J in order that all questions as to the
validity of the bonds and stocks which
j may be issued by the commission may
> De nnauy aeieruuineu.
According to the decision the act
provides that the sinking fund comI
mission, which is composed of the
governor, the State treasurer, the
comptroller general, the attorney general,
the chairman of the committee
on finance of the senate and the chairman
of the committee on ways and
means of the house of representatives
"shall iave authority to exercise
the option reserved to the State in
the refunding act of 1892 (24 Stat.,
24) to call in and pay, at the expira\
tion of 20 years from the date of issue
thereof, the whole or any part of the
r bonds and stocks i?suea tnereunaer,
dated January 1, 1892, and known as
redemption brown consols, and for
that purpose that the commission
shall be authoriezd to issue and sell
4 per cent bonds and stocks not exceeding
the aggregate outstanding
j amount of the bonds and stocks that
(have been or may be issued under
said act of 1892, and certain previous
L refunding acts which are specifically
L "During the year 1912 ths commisT
sion passed several resolutions and
took some steps preliminary to
carrying out the provisions of the
act. Hon. W. L. Mauldin, who was
chairman of the committee on finance
of the senate, died before either of
the meetings of the commission herein
mentioned was held, and thereby
a vacancy in the commission was cre(ated.
On October 30, 1912, the commission
passed a resolution that its
clerk ascertain wlhat amount of the
Sinking fund would be available on
January 2, 1913, for retiring the
brown consols, and that, when the
-rim c oo/-?or+snnpr? t.hp nPPPS
aillV/UUt v? uo UtdVV/A (.MAMVV4) V? w .
L sary steps be taken for calling in the j
B bonds to collect the amount thereof
to be paid off and retired.' That resL
olution was adopted at a meeting of
the commission attended by four of its j
f members and its validity has not been i
F Questioned. On December 2, 1912, in !
pursuance of that resolution, the State j
treasurer, who is the secretary and I
treasurer of the commission, publish- !
ed over his signature, as State treas- !
urer and treasurer of the commission, !
in a financial paper in Xevr York and i
in two daily papers in this State a notice
to tine holders of redemption
brown bonds, issued under the act of
i 1892 and numbered from 3781 to
Lr 4219, both included, to present the
f game to him, on January 1, 1912, for
payment, and that interest accruing
thereon after said date would not be
"On December 22, 1912, pursuant
to a call of the chairman of the commission,
due notice of which was giff1^
to each member thereof, tne attorney
general, the comptroller general,
the State treasurer and Hon. L. J.
Browning, who !had been, and laimed
that he was then, chalrmam of th?
ommittee on ways and mean? oi the
kouse of representatives, mtt toaether
an the sinking Had *#*&&&
(" ' I
sion, and. bv unanimous vote, passed I
i several resolutions relative to the re- j
funding of the State debt under the |
act of 1912, the substance of which j
j was as follows: 1. Ratifying the pub-j
! lication of the notice by the treasurer
! above mentioned. 2. Authorizing the
j comptroller general to receive pro
jposais, pursuant to puDiisnea aaver!
tisement or otherwise, for the purchase
of the issue of .bonds and stocks
^-hich i:he commission was authorized
by the act of 1912 to issue. 3. That
the comptroller general report to the
commission all proposals received,
i and that the commissioi sell the
bonds and stocks at the best price obtainable,
not less than par flat.
4. That, after the completion of said
sale, the treasurer call all redemption
brown bonds (not alredy called)
for redemption on July 1, 1913, but
if said sale should not have been
: completed by that date, said call
snouia aDiae ine iunner oraer 01 me
commission. 5. That the new issue of
bonds and stocks should be dated and
bear interest from January 1, 1913,
specifying the rate of interest, times
and places of payment thereof and
tlhe date of maturity of the bonds and
stocks and the privilege of redemption,
according to the terms of the i
"When the new officials were elected
in 1912, including the chairman of
the house and the chairman of the
finance committee of the senate they
were made a party to this action according
to the decision.
After the returns had been filed j
-"u ~ 4- ^ "D I
uie case was rcici i cu ? . |
Green, as special referee.
"Tae referee finds that the allegations
or suggestions contained in the
returns of his excellency, the governor,
are unsustained, in so far as it is
therein alleged or suggested that there !
was any irreguarity or fraud in connection
with the refunding of bonds
under the act of 1892, or any unfairness,
impropriety, illegality or collusion
in connection with any understanding
or agreement on the pare of
the former members of the commission,
or any of them, with any per
sons, firm or corporation relative to j
the purchase or sale of the bonds and
stocks to be issued under the act of
1912, or with reference to' the bringing
of this action. As the matters referred
to do not affect the validity of
(the bonds and stocks to be issued, and
as no exception has been taken to
the findings of the referee, we deem
it unnecessary to prolong this opinion
by a more detailed statement or consideration
In the decision it is held that the
title of the act is not defective. In
the petition the constitutionality of
the act was attacked on the ground
that section 17, article 3 of the constitution
provides that "every act
shall relate to but one subject, which
shlal be expressed in the title.
Quality of Offices.
It was next alleged that the act
violates section 2 of articles 2 of the
constitution, which provides that no
person shall hold two offices of 'honor
or profit at the same time. "The
specific point is that the sinking fund
commission is illegally constituted in
that it is composed of public officers.
The answer to this is that membership
in the commission is not a public
office/' says the decision of the
The court sustained the following
"The petitioner contends that the
act of 1912 does not authorize the
refunding of_ these outstanding green
consols for two reasons: 1. Because
the body of the act not only does
not authorize it, but forbids the refunding
of any, except brown consols;
2. Because, if the body of the act can
be properly construed as authorizing
the refunding of green consols, in
violates the constitution and is void
to that extent, because that subject
is not expressed in its title.
"This contention must be sustained
upon both grounds. While the act is
by no means as clear as it should have
been upon this subject, yet we think,
taking all of its provisions together,
and considering them in the li?ht of
the other acts upon the same subject,
the intention to be gathered from the
language used prohibits the funding
of any except the brown consols, issued
under the act of 1912.
The arrest of William Travers
Jerome at Coaticock, Canada, Friday
! for playing penny ante poker on the
highway awaiting the court's disposi
i tion of the TThaw deportation pro- [
;eeedings was a silly incident on the
'part.o?? both sides and was the culmination
of this entire Thaw travesty
which has done so much to discredit
the course of justice and make
the law and the courts ridiculous.
| it shcrwg ?p Mr. Jerome in the light
1 of a cynical trifler with his official
character and 6is profession. But
it shows np fne Canadian people and
magistrates as actuated and inspired
It 1ft? 9ad? demagogic and mob symjiMfe
to afflict the American people with so
many deplorable examples of the
humiliation and miscarrige of justice.
Mr. Jerome was in Canada in the
quasi-character of an international
representative?accredited by the
State of New York to the courts of
tftat country to taKe cnarge 01 .New
York's interests in the Tnaw case.
If Mr. Jerome so far forgot the dig-1
nity and interests of the epople he 1
represented to amuse himself chucking
dice or what not for penny stakes :
on the public highway, proper and 1
intelligent discretion in the Cana- ;
dian authorities would have prompted :
them to overlook the incident, even
if it were a violation of their laws, j
out. oi respect xur a ^ncuui; uauuu
which could only regard the course
they pursued as an international discourtesy.
We are not, hovrever, apologizing
for Mr. Jerome. We have always es- j
timated him as an insincere and pesti- I
ferous factor in the justicial scheme, J
a. bounder and a bungler of the inter- j
ests of the blind goddess, not from J
incapacity but from choice. The original
stunt through which he got into
the limelight was through his
hilarious and violent methods of
prosecuting some of the gamblers of
New York, when district attorney,
leading in person raiding squads of
police with axes in hand breaking
through doors and windows. But that
these things were done more to exploit
Jerome than out of regard for
law ana oraer, or wuuuul even a i
cent show of regard for law and or- J
der, seems evident from the fact that j
his personal habits led 'him not only
to gamble himself at times but to do j
it in a public way that appeared in- j
tended to openly flaunt public de-1
Mr. Jerome, it is said, has never
concealed the fact that he is not j
averse to throwing the dic'e and shuf- i
fling the cards . The most prominent
occasion told of on which he pre- j
vionsly indulged in gaming was on j
the day before the last day of the
nrsvionr frioi in 1Q07 TTe. Allan !
A. Ryan and another son of Thomas
F. Ryan, traction man, "flipped the
hones" for highballs and dollar bills
in Pontin's restaurant in Franklin
street, near the criminal courts
building. This game went on while
Delphin M. Delmas was making his
final appeal for Harry Thaw's life.
George L. Carnegie, brother-in-law
of Thaw, saw the dice throwing, and
exclaimed: "So that is what the district
attorney of New York is doing
at such a time!" Jerome merely smiled
and the game went on.
Afterward Jerome, as a witnsss in
a Metropolitan Street railway suit,
was asked if he did not know young
Ryan very well. He replied that they
"were warm personal friends. Then he
was asked if he hadn't met Ryan in
Pontin's on the day in question. He
"Yes, I went over there with my
assistant, Mr. Garvan, while Mr. Delmas
was talking. Both Ryan boys
happened in and we shook for drinks
It would be better if justice wore
served by less brilliant but more
serious minded and self-respecting
ministers than Mr. Jerome.
The Big Plant.
Construction of the Parr Shoals
Power company's hydro-electric plant
on Broad river, 13 miles; above the
confluence at Columbia of the Broad
and the Saluda, being rushed night
and day by the contractors, the J. G.
White Construction company of New
York. The substation at Columbia
is nearing completion. Designed to
impound water sufficient to iorm a
lake 12 miles in length and 2,400
acres area, the dam is to have a crest
length of about 2.200 feet, is to rise
35 feet above the pean low water
stage, and will have a thickness at
the base of 45 feet, battered on the
down stream face to 10 feet.
PRACTICALLY ABANDON HUNT.
It is Believed >"ow That Parr Shoals
Robbers Are Outside the State,
Columbia, Sept. 9.?At 1 o'clock to
day telephone messages from Chester
and Parr Shoals indicate that the
search for the three handits who 011
Friday robbed the pay master at Par::
Shoals of $16,000 has been practically
abandoned. Parties from Parr Shoals
have been called in.
Though a sharp lookout, is being
kept in Chester county, tho men ar?
believed to be out of the State.
If you do not sow a winter grain
crop and at least a small patch of
some winter-growing legume this fall,1
- - J..4.? V ?
you will not De doing jour uuij u.y
your livestock or your land. No need
to g.rgue the question; you know yon
should do it. Knowing this, you "will
surely not neglect it this year.?The
Ton feldom se? sda*fc?etiT# te ?al
T. ^_11_ 1 .
tens you now you i
phone line with the B
same high-class local a
now enjoyed by more
If you haven't a 1
tell you how to get se
You do not obligate y<
Address nearest Bell'
I Farmers' Lin
?163|South PryorSt, a
NOTICE OF FINAL SETTLEMENT.
Notice is hereby given that I will Wri(T?lfeiril
make final settlement of the estate of tllllJIIloVII
Chester C. Foster in the Probate I I ?
Court for Newberry County at 11 1 S I 6 01
o'clock a. m. on Monday, September
29, 1913, and immediately thereafter gi _1
apply for letters dismissory as ad- ijOUtil
ministratrix of said estate.
Sarah L. Foster,
SEABOABD AIE LINE.
Effective April 27,1913. Surf bai
(Subject to Change without Notice.) e , - .
Sot Guaranteed. for old and :
No. 4 Lv. Columbia 5.50 a. m. j Dance II
No. 18 Lv. Columbia 4.00 p. m. nni i
No. 2 Lv. Columbia 6.35 p. m. e8e C
No. 36 Lv. Columbia 7.45 p. m All I #
No. 19 Lr. Columbia 7.00 a, m 1
No. 1 Lv. Columbia 12.10 p. m. npi
No. 21 Lv. Columbia ?.00 p. m. , ID
No. 3 Lv. Columbia 12.20 a. m. por rate
Trains 1 and 2, Florida-Cuba Special.
Trains 3 and 4, Seaboard Fast Mail. J&gcnt, Newb
Trains 18 and 36, Hamlet local. Trains ^
19 and 21 Savannah local.
Ticket Office 1225 Main St Phone
574. C. E. Boisseau, Jr., City Ticket n
Agts., Columbia S. C. J. S. Etchberger,
Trav. Pass. Agent. C. W. Small, Div. X
p*ss. Agfc. Savannah, Ga.?Adv.
I am n(tt
The MississlnDi River is 3,160 miles Gasoline Ell!
long and the Missouri, which emp- '
ties into it, is 3,100 miles long. UaVlS, ail e3
To Prevent Blood Poisoning Bring US yOl
ipply at once the wonderful old reliable DR. /-* -i
ORTER'S ANTISEPTIC HEALING OIL, a sur- DlCyCleS, U1C
:cal dressing that relieves pain and heals af , ,
e same time. Not a liniment. 25c. 50c. Sl.Ofc. IlTSt ClaSS
NOTICE OF ELECTION.
Whereas, one-third o? the resident
electors and a like proportion of f ^ ^
| the resident freeholders of the age 1^
of twenty-one years, of Saluda School ? * *
District No. 15, of the County of
Newberry, State of South Carolina,
have filed a petition with the Coun- oaies Age:
ty Board of Education of Newberry Papec Ensila
County, South Carolina, petitioning Jron pej
and requesting that an election be
held in said School District on the 910 West
question of levying a special annual
j tax of two mills to be collected on
| the property located in the said VVG CdH i
i School District.
Mow. tnererore, mc uuuci
j composing the County Board of Education,
for Newberry County, South
Carolina do hereby order the Board
of Trustees o the Saluda School your W3f
District No. 15 to hold an election | introductory
on the said question of One firm in <
levying a two mill tax to be
collected on the property lo- ^ce3 k| savi
cated in the said School District, make our prices
which said election shall be held at! design. Write f<
Saluda school house, in the said ! The R<
(School District No. 15, on "Wednesday,!
September 17, at which said election '
the polls shall be opened at 7 a. m? j receipts and re;
and closed at 4 p. m. The members j as required in g<
of the Board of Trustees of said j be allowed to to
School District shall act as managers the levy of such
of said election. Only such electors } lot containing t
as reside in said School District and ten or printed
Teiurn real or personal property for elector opposed
luj&iijfa V^gt yjfo ia&!kfe j f?st ? Wtbfc on1!
- 1 r
roday-A Postal Will Do
nay connect your Teleiell
system, and get the ,
nd long distance service
than 5,000,000 people.
^elephone this book will
rvice at very small cost.
Durself by sending for it.
I.COMPANY fl An
\tlanta, Ga. |
p " Is Calling You
Atlantic's Summer Playmds
and Summer Vacation
' ' T> "5 T"
thing, boating, fishing and marine pleasures
lusic furnished by elegant orchestras.
legant resorts reached via the
c Coast line Railroad,
e Standard Railroad of the South.
:s, reservations, etc., address T. S. Lefler, ticket
erry, S. C., T. C. White, G. P. A., Wilmington,
ce to the Public!
v prepared to repair your Motorcycles and
" T 1 n/r _ TT7_ 11 TT
gines of all makes, as i nave ivir. wanes n.
:pert Gas Engine man, with me. We repair
thing from a Jew's Harp up to an Automobile,
lr broken Sewing Machines, Guns, Pistols,
>cks, or any old thing, and we will put it in >>
order. Prices reasonable, and satisfaction
on all work.
nt for the best Gasoline Engines, Indiana Silos,
ge Cutters, Grist Mills, Pumps, Farm Machinery
Main St Newberry, S. C.
Ixpress, uelivery, Furniture, Bakery and Dairy wagons at low
ng. Best goods. Cheap labor, cheap timber and low freights
untouchable. We can make any wagon according to your own
Dr catalogue quick and Price List A. .
Dck Hill Buggy Company* Rock Hill, S. C.
?i ! iTrnmrw^?i
gistration certificates i "written or printed thereon.
meral elections, shall Given under our hands and seal
te. Electors favoring August 30, 1913.
tax shall cast a bal- ! Geo. D. Brown,
he word "yes" wrii-'? ' J. S. "Wheeler, r
thereon, and each S. J. Derrick,
to such lery shall County Boa?d of Education for Neirtafaing
"the wor9 "no" fccrry, 0. 0. ^
' wi, '. , : ... H