Newspaper Page Text
Ask For An In
On The <
trnci ATIVE AfT.
R. C. WATTS REFERS CASE TO ALL
JUSTICES SUPREME COURT.
Officials and Richland Election
Commissioners Must Show Cause
In Columbia August 20.
Tl:e State, 7th.
Alleging that the act of the last
general assembly providing for an
election September 14 on tne question
of prohibition is unconstitutional, at
toraeys yesterday filed a petition with
R. C. Watts, associate justice, at
Laurens, asking that a temporary inc
juucuoii ue issucu.
The action was brought by John
'Henry Chappell, a citizen of Newberry
county, against R. M. McCown, secretary
of state of Soutlii Carolina; S. T.
Carter, State treasurer of South Carolina;
C. W. Sawyer, comptroller general
of South Carolina, and C. T.
Graydon, Zeb Hope and J. F. Howell,
commissioners of election of Richland
After reading the petition, Associate
Justice Watts refused to grant the Injunction,
but issued the following order:
"It is ordered that the respondents
ehow cause before rupreme court on.
August 20, at 10 o\ilock a. an., 1915.
"why an order sfcouM not Issue herein,
restraining them from the acts and
things complained of in the said petition."
Frank G. Tompkins and C. L.
IBlease of Columbia are the attorneys
for the petitioner. They went to
Laurens yesterday morning to secure
The petition of John Henry Ob&pjpell
to the supreme court in full follows:
"The petition of John Henry Chappell,
above named, on behalf of himself
and al l other electors and tax nay
' ?rs of the State of South Carolina Interested
in tfce matter and things
hereinafter set forth, respectfully
Citizen of Newberry.
"1. That he is a citizen and resident
taxpayer of the county of Newberry,
State aforesaid, possessing tfce qualifications
and laboring under none of
the disqualifications Drovided in the
constitution and laws of this State for
the electors and officeholders thereof;
and that this action is brought in bei.
half of himself and other citizens and
resident taxpayers of said State in like
plight and condition as himself, as to
the qualifications and disqualifications
too numerous to be made parties to
this action; ana tfcat all other citizens
an-a resiaeni. taxpayers or said siaie
possessing the same constitutional
qualifications as himself and laboring
Hinder no disqualifications; and that
your petitioner is now 60 years old,
(never drank intoxicating liquors, !s in
favor of prohibition in the election
proposed in the act hereinafter mentioned,
provided the same is held.
"2. That R. M. McCown is secretarv
of atfitp rvf Stat a nf Smith Par
olin a;that S. T. Carter is State treasurer
of the State of South Carolina;
that . W. Sawyer is comptroller generol
of the State of South Carolina;
and that C. T. Graydon, Zeb Hope and
George F. Howell are respectively
chairman and members of a statutory
political body, known as commissioners
of election for Richland county.
"3. T*at on the l?th day of February,
1915, there was enacted by the
general assembly of this State, and
approved by the governor thereof, an
act entitled: 'An act to submit to the
qualified electors of the State of South
Carolina the question of the prohibition
of the manufacture and si le of
alcoholic liquors and beverages ii the
State and to provide for the carrying
of these provisions into effect,' which
act has been incorporated into the 29tlb
volume of the statutes at large of the
State of South Carolina, where it appears
at page 88. That the said act
provides, in section 1, that an election
shall he held on tT:e 14th day of September,
submitting to the qualified
electors of the State of South Carolina
the question as to whether the
manufacturing and sale of alcoholic
i liquors and beverages shall be pro
fiibited or continued in. this State as
now provided by law.
"4. That section 2 of said act provides
for the holding of said election,
states how electors may vote and
makes provision for the registering
of electors by the supervisor of reg
' "5. Section 3 of said act provide*
that if the majority of the ballots so
cast be 'for the manufacturing and
sale of alcoholic liquors and beverages
In South Carolina,' and laws existing
and of force at the time of suci elec
tion, shall be and remain in lull force
" Section 4 provides that if the majority
of the ballots so cast be 'Against
the manufacturing and sale of alcoholic
liquors and beverages in South
^ - * xi AL. ?~
Carolina, men me ;iii.a.iiuia^?.uic emu
sale of alcoholic liquors and beverages
in this State shall be unlawful, except
as hereinafter provided, and the authorities
in every county in this State
now or hereafter vested with control
of dispensaries, where dispensaries are
operated, shall proceed to wind up the
affairs of, the dispensaries, and close
the same before the 31st day of December,
1915, and that no liquors sha:l
be bought or contracted for, or received
by any county dispensary board
after the result of said election is declared
by the State board of canvassers.
"7. Section 5 provides that the man
ufacture and sale of alcohol shall be
allowed and permitted as now provided
"8. Section 6 provides and defines
tfce manufacture of alcoholic liquors
"9 Secion 7 provides that all acts
or parts of acts inconsistent with the
provisions of this act be, and the
same are hereby, repealed; Provided,
nothing in this act contained shall be
construed to repeal any law defining
me outMises auu tuij uuc ui
provision for the enforcement of law
not inconsistent herewith, but such
provisions, penalties and fines shall
remain in full force and effect.
--- * - -m :j ?_:???
"1U. "mat ine aiurtjsaia pruvisivua
and sections of said act are in violation
of article 4, section 4, of the constitution
of the United States; of article
3, section 1, of the constitution
of the State of South Carolina; and
article 8, section 2, of the constitu
tion of the State of sounn. <jaronna.
Cost of Election.
"1. That the general assembly, on
the 26th day of February, 1915, passed
an act, which was duly approved
by the governor, the title of whicbi was
as follows: 'An act to make appropriations
to meet ordinary expenses of the
State government for the fiscal year
* t t mir a
commencing January a, i3io, auu iv
provide for a tax sufficient to defray
the same,' which act has been duly incorporated
in the 29tih volume of the
statutes at large of the State of Souta
Carolina, wh^re it appears at page 341
and section 33 of said act, appearing
????' OT. A T?/vliiTWfl OQ etotntoe ot
| ctl page out, vv/iumc; ovatuivo t*v
large and under the head of 'Elections,'
I the following appropriations were
Item 1, supervisors of registration
Item 2, commissioners and
managers of election 14,000.00
Item 3, advertising elections 5,500.00
Item 4, tabulation 25.00
Item 5, tickets 100.00
"And as far as your petitioner is informed
and believes the election provided
for in the act hereinabove men
? XIV? > ?1** 4/\ Vv A V*
uonea is iwt: -urny eiwuuu w uc ucm
this year, and the said appropriation
was made for and will be used in the
carrying out of the elecion hereinbe
"12. That your petitioner is informed
and believes that if the said election
is held both lie and all the other
electors of the State will be put to
great loss of time and expense in attending
said election, and if the said
election results in the closing of the
dispensaries of some of the counties
of the State of South Carolina, botn
he and those for whom he sues will
be deprived of the income which tf:e
State has received from the sale of
"1-?? J n-An fA.
WlllS'Jiey au-u UCVCiagcs, auu luv,
losses which will be incident to the
winding up of t):e affairs before the
said act is declared unconstitutional,
null and void, and if the election
commissioners and officers charged
with incurring exDenses in holding the
said election are allowed to proceed
any further with the preparation for
the said election, your petitioner and
tT'.ose for whom he sues will suffer irreparable
injurv, and such expenses
as may be incurred before this act
shall be declared unconstitutional, null
'13. -That for the general assembly j
to, in the manner indicated in the
act hereinabove mentioned, take the
power and authority vested in them
and transfer it to a vote of the peo?1
~ ??+ i*rYs\ Ttr-in >>0 -nlnr?o tho 1X131?
pic CLK, IfllgC "Hi uv . .. ,
ing of laws practically in the hands of |
irresponsible parties and negro electtors,
who could never be elected as
members of the general assembly and
whom the constitution of the United
States and of South. Carolina never
i/i 9tiv nart in.
lli'ltTvUUXTU SUVULU u?iv *?j f -
i making or repealing lawa, except
through their representatives duly
elected under a republican form of
"14. That to allow the legislature
, . ... i" x^tt}ey.r\
to thus delegate Us power to the electors
of t'.e State \\<viid give to the people
of one county 'he right to participate
in the repeali: g and the making
of laws for another county, which
wouia oe in violation or me constitution
of hot!:, the United States and the
State of South Carolina, which contemplate
that the making and repealing
of such laws should be by the general
"W erefore, petitioner prays that
the said sections of the said act, and
the entire act as it appears in volume
9Q cfatiitps nf Smith fYvrnlinn hp ^p
I MVMWMVVW V*. K/V%%v*? "J ? v/
clared unconstitutional, null and void;
that defendants be restrained from any
violations of the rights of your peti
tioner; that t) is court may grant its
writ of injunction issuing out of and
under the seal of this honorable court
properly enjoining the defendants,
their clerks, agents, servants or attorneys,
to-wit: R. M. McCown, said secretary
of state, S. T. Carter, said State
treasurer; C. W. Sawyer, State eomp
troller general, from incurring any liability
for the State, or issuing, drawing
and paying of any warrants for
any amount of the said appropriation
liereinbefore mentioned, or from issuing
any tickets to the commissioners
of election for the purpose of carrying
on the same; and that the said C. T.
Graydon, chairman, Zeb Hope and J.
F. 'Howell, be, and are hereby, restrained
from incurring any expense in appointing
any managers, advertising
or in any manner incurring any debts,
liabilities or performing any acts under
and by -virtue of the act hereinabove
"Your petitioner further prays that
a temporary injunction be granted
pending the final hearing herein, re-!
straining the above mentioned re-|
spondents from performing any of the I
acts hereinabove mentioned; and your|
petitioner further prays for such other'
and further relief as to the honorable
court may seem meet and proper."
Lansing and McAdoo Meet in >Tew
York?Question of iFinance.
Wasington, Aug. 7.?Secretary Lansing
of the state department and Secretary
McAdoo of the treasury will
- " ~ - ... .V - I
confer in *\ew Yorx tomorrow on uiej
Secretary Lansing left here tonight, '
expecting to return iMonday. He said
he would meet Mr. McAdoo tomorrow
and that the conference had to be:
with Mexico, but declined to say what!
pi:ase of the problem would he taken
Mr. McAdoo, who has been at his
summed home at North Haven, Me.,
was summoned by a telegram late today
and was en route to New York tonight.
During the Pan-American conference
on Mexican affairs here there was
dicussion of the question of financing
any government whim might be set up
in Mexico, either through a confer- j
ence of the factional leaders or by;
consort. It is known that this subpect
was put over for future consideration
when the conferees recovene in
iVnnr V/v**lr navf
? ^ ^ TT /.VIA UVA t " W X V
Undoubtedly American financiers (
will have to tie consulted and it wasj
suggested tonight tJ.:at Secretary McAdoo
will be charked with the duty of ^
sounding them. If this is true he will
have to be acquainted with the whole i
purpose of tf:e Washington govern-j
ment and the South and Central Am- j
erican powers which join in restoring;
peace in (Mexico.
SfcAdoo En Ronte.
New Haven, Me., Aug. 7.?Secretary
McAdoo left his summer home here
today in response to a telegram from
Washington. H? crossed the Fenob-|
scot river in a motor boat to Rockland
and there made train connections for
New York, where ibe is due tomorrow
SPARTAN GRAND JURY
TO WORK OX ROADS
Each Member Will Drag- One Mile
of Road in Cunty for One
Spartanburg, Aug. 7.?It is now
certain that 18 miles of Spartanburg
county roads will be keut in best condition
during the next 12 months. This
comes as a result of an agreement of
all the members of the grand jury of
opai lauuui g cuuuiy jesieruay lo undertake
to drag one mile of road apiece
every time it needs ' during the comj
ing year. In the grand jury's presentment
for tfae term just ended, it was
recommended that the office of township
commissioners he abolished and
that two commissioners and a supervisor.
eaninned with a Ford machine,
be ubstituted. It was further stated
that the grand jury believed that tfne
county could be better served by such
an arrangement of government than by
a board of township commissioners.
t>: V* H3? t ' *
A PRACTICAL MAS, TOO!
Three Cheers For the Latin Professor!
One summer day tne grocer s aenvery
horse balked in front of our house,
says Mary Leal Harkness, in the Atlantic.
Of all obstreperous quadrupeds,
he was the >very balkiest horse
t; at I ever saw. The delivery boy
swore and wept, he petted and patted,
he lashed and pulled, he exhausted
J every device known to delivery boys,
! and the beast moved not. A crowd assembled?the
sort of crowd winch such
attraction always draws, "practical"
men and boys all?and, I'll dare be
sworn, not a user of grammar pure
and undenled in the wf ole collection.
(And they told all they ,knew about
balky horses, and did all they knew as
well; but the horse remained unmoved.
Then the college professor of our family,
a Latin professor, as it chanced,
and of the vintage wi':ich our valued
writers on education would probably
term "of yesterday," looked out of hi?
library window and contemplated the
situation. But not for long. He ros-2
| without remark, sought his carriage
j house, procured a rope, advanced to
1 the middle of the street, spoke gently
to the grocer's boy and his steed, at- I
tac!: ed the rope at tne points wnere
it would do the most good?and the
animal proceeded down the street.
I There was some surprised and admiring
comment from the bystanders, I,
remember, to which the -profressor!
made not much response. The only!
| explanation which iie ^vouchsafed to His ;
i family was, "1 learned that trick when
11 was a boy on Jim Henderson's farm.
| He used to keep the meanest horses
that ever grew."
It seems that a college education j
;had not made the good professor
"helpless'* or disdainful of things material;
fce was the most practical man j
Fame covers a multitude of sins, hut
all sin is not covered by fame.
portunity to make them.
Most big men have big hearts, but a
few have nothing but gizzards.
This it a prescription prepared especially
u m a ni r M mum i 0 a rrnrn
w ihmlmhih wi uniui.9 a rc.vs.ri. (
Five or six dotes will break any case, and j
if taken then at a tonic the Fever will not :
return. It acts on the liver better than i
Calomel and does not gripe or sicken. 25c j
Jlj Bi^eui^ m
aj! ^P|J taking ["haj'[5 g
K* a jlmpl? pleajur? v
'n j"^]6 p['?pG|iaj"ion jlj
arjd 6 palaj'aLi? j?
[ enjoymenj" ir-j ?a|'- 5j?
M ing, yj? j" h a j" goo J iji!
I ^'S'n?i 5ui I
I Flour |
| !S 5elf !:j
:!: risinq-r?^uir- &
ejja I 1W l I I
inj no taking ;j;
jjj powJep 5a 11" |j;
? m* r*r\/\r\
aB| W | ^VU Wl
rs pnG^e '!
" "amouj F^eJ ^ill, J>[
f^as^vil e, \\\
Others may guar' or
= antee their flours, "
*S^*g^ = but RISING SUM '
ssss^^sjs.*^: guarantees results' i1.
The board of registration for Xewi-~
tttin Vi/v ot TUTlnifmiro rvri
UCliy uuun LJ rv ill uc a. l ii uiuuuv v- ?
August 10, 1915, and at Prosperity on
August 13, 1915, for the purpose of
registering voters. And at the office
in Newberry on the first Monday in
August, which is the last day for registering
for the general election In
Board of Registration tor
dewberry Count?. ,
Long Distance calls for f
radius of several hundred
"In less than one hou
of flour at a total cost to
"Since then we have a
Bell Telephone to every f<
most profitable results,
rates are reasonable and i
in f.nno- Distance Te
... b a
SOUTHERN BELL TI
AND TELEGRAPH <
BOX 163, COL
I to 1
Damamaa Da ail
I dlldllld-i dill
by one of
If so, write the under
fares, folders and all partii
Excursion tickets pei
famously attractive and
T. C. \
General Passenger Ag<
I The Standard Rail
It makes no difference how ]ong|
you have suffered tfith eczema, itch. |
| or any otfcer skin disease, Zemerine
will help you as it has helped others.
! Zemerine stops suffering where other
remedies have failed and restores the
skin to a healthy condition.
The first application of Zemerine
brings relief, stops the burning and
itching, the desire to scratch passes
away, and healing becomes possible.
Read wfoat others have to say about
Zemerine: "Send me another box of
Zemerine. It has done me lot of
good." "I (have used Zemerine and it
| gave me more relief than anything."
| Zemerine is sold in two sizes 50c
ana 3>i, oy aruggisis wvtr.rywuc.ic; ouu
Newberry Drug Company. Sample free
upon request to Zemerine Chemical
Company, Orangeburg, S. C.
NOTICE TO STOCKHOLDERS.
Notice is hereby given that a meeting
of the stockholders of the Little
Mountain Oil Mill ana ivertnzer l,ouups.ny
will be Leld at the offices of the
company, Little Mountain, S. C., September
3, 3915, at 4 o'clock p. m., to
consider the following resolutions,
adopted by the board of directors July
30,1915, proposing that preferred stock
Resolved, That the Little Mountain
Oil Mill and Fertilizer Company issue
ifc350: steroe Of preferred I
| of its Value
"One of our salesmen
value of the Long Distance
Telephone to us.
He was at Huntsville,
Ala., and upon his own
responsibility put in
ifteen merchants within
ir he had sold 2100 barrel?
us of less than six dollars.
ipplied the Long Distance
mature of our business with
The service is fine, tho
fhprr is mnrp satisrartion
:lephone talk than in hall
junir aw *
UMBIA, S. C.
J GO//VG I
ico and San
HRECT ROUTES I
signed for low excursion
:ulars regarding your trip,
rmit stopovers at many |
i. j I
scenic points anu resurus.
l TTT'l l XT n
?nt, wnmmgxon, n. u.
road of the South.
aggregate amount of $13,500; ti':at the
stockholders and directors who are
now liable for the debts of the company,
either as makers or endorsers
of its notes, shall have the preference
of taking such preferred stock in proorriffltrt
r?f thpir rAsnPOt
yvri Livii. w I.UC
ive liability; tbat such preferred stock
shall be a lien upon the net profits of
the corporation and, if the property of
the corporation should be sold under
foreclosure, or in liquidation, such
preferred stock shall be a lien upon
the proceeds of sale, after paying expenses
and the debts of the corporaI
tion; tftat no dividend shall be paid
upon any other stock in any year until
1 the preferred stock authorized by these
resolutions shall have received a dividend
of eight per cent.; that such preferred
stock is to be regarded as col
lateral to secure the payment of notes
and obligations of the company on
wUich the holders of such are liable,
and any payment made on this preferred
stock out of the earnings of the
corporation, or out of any sale of its
property, is to be regarded as a payment
on the obligations assumed by '}
the respective holders of said stock,
and the payment in full of such obligations
out of tie earnings or property
of the company shall retire sucfa
* ? - <- J? 1
preferred siock hi iui*.
By order of tie Board of Directors.
W. P. Derrick,
President and Secretary.
^ Ifir inn jjiiMi
iil HiTi II lllif M. ivffn'
sracnflRw JW.iiwp mi in.
., - > t<*
I .. ... -y,-;-..