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TWICE A WEEK, $1.50 A YEAR. ? , NEWBERRY, S. C? TUESDAY, DECEMBER -1, 101). VftTXHT TJH- NUMBER 93. 1 * Attorney Genei Wins, in , -- lEGAlin OF ACT ! ' IS NOT DISCUSSED: SUPREME COURT SAYS ADEQUATE j REMEDY IN STATUTES. Basks Lose First Fight Against Assessaents Fxed by New State Board f Haring Control of Taxation. ^ The State. Holding that there is an adequate remedy in the statutes for the recovl ery of a tax unlawfully paid, the supreme court, in a decision handed down yesterday, reversed the restraining injunction and mandamus proceedings instituted against the South Carolina tax commission. The decision does not touch the constitutionality of ?Jne act creating the commission. \ * The orders of Associate Justice Watts < were reversed by Chief Justice Gary and Associate Justices Hydrick and IFraser. Associate Justice Gage disseised, "but not on constitutional or federal grounds." Judge Watts did not w sit in the case, as be had issued the, writs granting a temporary Injunction and mandamus. ff Cases Hgard Together. ?fce cases, which were heard together by the supreme court, were brought by the National Loan and Exchange bank of Greenwood and W. T. Bailey against the tax commission and J. 'W. 'Canfield, county auditor, and by the Peoples National bank of ureenviUe "on behalf of itself and all the otfeer banks in the state," against the members of the commission. Commenting upon taxes, the court eatrs: "'The fund-s derived from assessment and collection of taxes form the food supply of the government. Tne ability a government to exercise its functtrons depends upon the collection of taxes and it will not be summarily "" * "l - ^ AVAAnf ir* deprived <JI its pv?ci m , .of absolute necessity." J ill dissenting, Judge Gage reserved -the privilege to state the grounds of 'liis dissent within a reasonable time. Tlie opinion in full is as follows: ' "These two cases were heard together, the one is for injunction, the ' other is for mandamus. The one object of the two proceedings is to prevent aji alleged unlawful assessment of bank property for taxation and so the unlawful Collection of taxes so assessed. Both are extraordinary remedies, neither is available where there is amy other ad-equate remedy provided. The statutes of this state provide an adequate remedy, i. e., a payment of the disputed tax under protest and a suit for recovery of the tax unlawJ[ul37 paid. The constitution of fin's ?3tate gives the power to the courts to issue writs of injunction and mandamus and the legislature can not take irt away, but the legislature can obviate :the necessity for the issuance of these 'Wilts 3>y providing an adequate remedy 1-1 _ :art law, as it iias done in 1I11& maim | of assessment and collection of taxes |k Merits Sot Discussed, r { "It is not necessary to state the P Tjuestions involved, as it is held that p tiiere is an adequate remedy at law hA in which all the questions may bs HP -raised in due course and decided. : 'TThe funds derived from assessment * tax^s form the food vana coirwuvu flj Ns<upply of the government. The ability of a government to exercise its func 'tions depends upon the collection of taxes ami it will not be summarily dem prived of its power except in cases of absolute necessity. Many citizens Jare willing to contribute to the funds pi the state and to pay a tax, although L ir is in accord with the forms of f law.V The policy of the law is to give these dtfa^ns an opportunity to do so. | "An adequate remedy is provided for i xhose w&o pay under protest and the } -orders of injunction and mandamus are ' ?r*v?rruled and the judgments appealed i from reversed." The tax commission is composed of A. W. Jones of Abbeville, chairman: John P. Derfram of Green Pond an; k W. G. Query of Woodford. JjL _ The tax commission was representee I in the case by the attorney genera) ? ? his assistant j fHhoffaas H. Jfoepioo, i Jh?ed H. Dominick. Counsel for th ral's Office Supreme Court THE >EWS OF PROSPERITY Entertaining For Bride?Community Christmas Tree?School Improvement Association. Special to The Herald and News. Prosperity, Dec. 20.?One of the most important events in the social life of this town was the reception given in honor of Mrs. Pat B. Mitchell, one of the season's latest brides, by Mr. T. A. Dominick, father-in-law of the bride, at his home in Railroad avenue, Friday afternoon, December 17. Tiie affair was conducted by (Mr. Dominick's special lady friends. Miss Ophelia Connelly met the guests at the door and conducted them to the punch bowl, where Miss Blanche Kibler served delicious fruit punch. Miss Susie Langford introduced to the receiving line, in which stood Mrs. J. D. Quattlebaum, the guest of honor, Mrs. Pat Bowers and Miss Bessie Taylor. -v*? \t r \Tnrris conducted the la ?y? i c. 4*i? v/* AtAv* - ? dies to the dining room, where Misses j Willie Mae Wise, Annie Lee Langford and Lee Connelly served chocolate and vanilla ice cream with fruit and nut cake; The 4^corations over the entire; house wefe iii&rked by their simplicity. Pot plants, rose* arid carnations were used in the receptiorf hall and parlor. In the dining room, holly and roses were seen, the table being most attractively decorated with a beautiful plateau holding a cut glass bowl - - *? ? /i filled with roses and lace iern <*uu vines, extending from here to the four corners of the table. About sixty ladies called during the afternoon. *Tis with. special delight that the ladies of Prosperity most heartily welcome Mrs. Mitchell into their midst. Miss Willie Mae Wise had as her guests of the week-end Misses Grace Wyatt of Easley and Elizabeth Fant of Silrpmtreet. Mr. Johnnie Langford of Wofford college is home for Christmas. Dr. and Mrs. G. W. Harmon will spend Cnristmas in Ninety Six, Mrs. Harmon going from there to Piedmont, Ala , to visit her mother, Mrs. J. I. Oxford. Miss Annie Moseloy of Ratesburg h expected home in a few days for the holiday season. dir. and Mrs. A. G. Wise spent the week-end in 'Columbia. ' I Mr. and Mrs. Charlie Suber spent! ^ a n/vminink Sunday wwn an. ?. ~ Miss Rosa Mae Mitchell is 'home from Grenville Female college for the yuletide season. Miss Jessie Lorick of Columbia college reached home Friday. Mesdames Elizabeth DeWalt and G. Y. Hunter were shoppers in Columbia on Wednesday. Miss Marie Schumpert is visiting in Columbia. Mis-s Y, Genia Harmon spent the I week-end in Columbia. /Miss Eula Taylor of Newberry is spending a few days with Miss EfBs Hawkins. Prof, andf Mrs. J. E. Hunter of Clemson co-llege are guests of Mr. and Mrs. L. S. Bowers,. The Cl-em sore 5oys will reach borne today, who are- as follows: Henry Quattlebaum, Leslie Sin-gley, Hunter Fellers. Willie Hunter and Elmer Hunter. There will be a Christmas tree at Excelsior school Siouse /Wednesday I evening. I I Miss Liza Bell Cur lee leaves Thursday for her home in Winnsboro for the Holidays. Mr. J. Waters 3forris of Cfrapin spent Sunday m town with friends. Mrs. H. P. Wicker has been called to Saluda on account of the death of her brother, Mr. George Black. Mr. D. E. Ridgell of Jacksonville has been visiting at the home of Mr. W. A. Moseley. Rural Carrier Langford of Kinards was here Sunday visiting Mr. C. F, ' Saner. j The community Christmas tree will banks were F. B. Grier of Greenwood * T. P. Cothran of Greenville and B. H '? Moss of Orangeburg. The matter wai -? argued in the supreme court Slcmda: e | mornin-g last. [FIGHT CONTINUE!) ON THE STATE WAREHOUSE i/uvm*--' will HE Th OI'ST SEX \ Kj ft * \7 ii 2, fllJUJU ?' * v v ^ ~ ? ATOK McLAl RIN. Senator Hanks Thinks AIcLaurin May Have to Run For Governor to Defend System. Special to The Herald and News. 'Columbia, Dec. ]y.?'mat tne .persistent fight which has been waged against the state warehouse system will be continued at the approacmng session of the legislature, taking the form of opposition to the re-election of Senator McLaurin, and that *his fight may have far-reaching results in the , political affairs of South Carolina, is foreshadowed by the candidacy of Mr. Jno. J. McMahan, a lawiyer of Colum-1 bia, for toe position or staie warenous-e | commissioner, and the comment there-1 on of Senator J. Arthur Banks of Calhoun county, one of the ablest mem- ; bers of the state senate, and one of the state's most successful farmers ] and business men. T% 1 " ? ^ 1 A A? CM Senator .tsa.iiK.s, in me uuuxo-c va **n., interview, says: 1 "From the correspondence which I , have s6en, it would appear that there , is a movement on foot to place the , state warehouse system in impractical f hands. If this movement succeeds the friends of the system will not give up J . ? dn?fi>at>K formftr with-I tills HOP6! Ol lilt* ouuiucui imi out a fight. What turn that fight would < take of course can not be said at this 11 time, but I believe that it will inevit-14 ably result in bringing into the race! ' for governor of South Carolina the j1 man who gave to the South the state! warehouse system." j( The following correspondence, to-j 1 gether with the comment of Senator 1 Banks thereon, is self-explanatory: 1 '.nr. v**uujuMv^? Kin-gstree, S. C., Dec. 15, 1915. Hon. J. L. McLaurin, State Warehouse J Commissioner, 4 Columbia, S. C. Dear Senator: 11 I trust that the "enclosure" does not 11 mean that you are going to give up the |: great work which you are accomplish- J ing for the people and for the business J interests of our state through the instrument of your own brain, and Winch '? for>r*xj WOTK IS Xii IL& Uliouv;, I am writing the party t'iiat there's j, "nothing doing" so long as you'll con- ( descend to remain at the helm. Yours truly, (Signed) ?L C. Epp&. Columbia, S. C., Dec. 14, 1915. j Senator E. C. Epps, j _ ! < Kmgstree, S. C. j ~ * r_ m. j ' L>ear mr. j^yyo, 11 I am thinking of being a candidate] for State warehouse commissioner. 1j am writing to see what you think of j it and if you could help me. j I have been deeply interested in the problem of public marketing,, and I j' have written and spoken a good' deal ' on the subject. It seems to me to be one of the biggest questions before us, and could be worked out in a way tor be of .tiie greatest benefit to our peo-l pie. It requires study and sciemmcj solution. I should be glad to give my- j self to the work. Hoping for a favorable reply, Yours truly, (Signed) John J. McMahanr Senator Epps' Reply. Kingstree, S. C:,. Bee. 15,. IMS. M Hon. J. J. McMahan,. Columbia, S. C. ? c* , . : L>ear oir. Should Senator McLatrriu wish to rebe held at the town hall Saturday i evening, December 25. The program is as follows:. i Doxology. Prayer, Rev. E. W. Leslie. "Watchman Tell us of the Night," by two choirs. 'iTiiree Wr* Men," by Clyde Ward, Clyde Wheeler and IWtebster Dominick. "O Little Town of Bethlehem." by school. "Away in a Manger," toy primary class. "Joy to the World,'* by audience. "Service For the tung," Dy sev-euic^u girls. 1 Benediction. Presentation of gifts. The School Improvement association ? gives for the benefit of the chool a box party, fish pond and cake walk at : \Tonticello Tuesday afternoon, Decern ? ber 2S, 191o, banning at 2:30. The public is cordially invited to attend. main in the position as state ware-1 i nouse commissioner, I would consider it my duty to support him. He has tni^Pr trvincr oi ro 11 m Sta HOPS and through it all has produced a wonderful amount of success, in fact can show remarkable success against odds which would have swamped and brought ruin to the system if it had not been in his hands. I have always regarded the state warehouse system as the government's greatest departure and 1 should sincerely regret to see a change in its management at this early period of its development. I With all due regard for your ability an/l mrv rl^pnest. resnect for vour asnir- ! ation, my earnest desire to see the |, good work of the warehouse system go on uninterruptedly prompts me to re- : ply thus promptly and frankly. 1 With great respect, < Yours truly, ( (Signed) E. C. Epps. , Senator McLaurin's Position. , Dec. 16, 1915. } Hon. E. :C. Epps, I Kingstree, S. C. YTv ry^ar Senator EODS: I < I thank you ivery much for yours of loth inst., and in reply beg to say that I have no wish to give up the development of the state warehouse system until it is on a basis where it will be safe from attacks and able to Jake care of itself. I was not originally a candidate for :he position, and only accepted it be- t T +V>o+ 5f T nnt srv r. JSUS^ 1 ICH Li. A AAV* ^ it would never be put into practical j operation. I made no effort to be ] slecied, and 1 shall not do so now. It ( is up to the legislature. i I do not want the impression to get Dut that I am retiring from the position. Personally, I would be glad to J oe relieved of the responsibility did I 1 - - -St .. 4 not feel thg.t it would De a cowarai> i < shirking of my duty to the people of I < South Carolina, in the face of the fight1 1 now being made by the moneyed inter- j4 ^sts and the insurance trust. < I am giving out the correspondence ' :o the press, in order to let the situa- ' lion be known, being confident that * you have no objection to my doing so. ] With kind personal regards, Sincerely, Jno. Lowndes iMcLaurin. \1 >>enat4)r Banks' Statement. ] Senator J. A. Banks of St. Matthews, j eras in the city, and was asked about i :he state warehouse matter. He ex- ( pressed himself as follows: "Every one knows, who is acquaint- j ?d with t'ne history of the state ware- , house system, that the only man who j :ould have made it a success was the j Dne in whose brain it was born. The friends of the system still realize that its success is conditioned upon the J same devotion and the same ability . j whicn have brought it to its present ^ state of efficiency. From the correspondence which I have seen, it would appear that there is a movement on foot to place it in impractical hands.. I If this movement succeeds the friends Df the system will not give up this hope of the Southern farmer without a fight. What turn that Sght would take of | 1 *- ?- J -A- Vk-Jr* 4-1 *>-* n Tvn-f ( course can noi ?e taiu <u una nmt, I believe that it will inevitably result in bringing into the race for governor of South Carolina the man who gava to the South the state warehouse system." \ The Perkins School Will have their Christmas exercises in the Mission church Thursday, December 23, beginning at 6 p. m. The following program has been arrangea: Prayer by the Rev. J. M. White, Troutman, N. C. Welcome, by Claude WaMenzine. "The Mousie," by Cecil McCoUough. SongP "Santa Claus," by school. "The Stocking," by three boys and three girls. <'Santa Claus," by primary. Song, "Silent Night," school. "Our Country," by six girls. x f> UariTO fltAtifi ^ IlTlbUILLaTS, 'U y XJkViiA j Song, "Christmas," by school. "For the Christmas," by George Buzhardt. Music will be furnished by iMiiss Mat-1 tie Boyd Mills. Exercises "will begin promptly at 6 p. m. Everybody is cordially invited and everybody is perfectly welcome to bring anything that they want and put it on for ainy one they care put it on for. Everybody come and have a good ^ <S> y THE IDLEE. <$> <$'<$'<$'<?><?><S><$><?<^3><3><3>^><S><!5><5> In my last I had something to say about the snow that we always had on Christmas morning in the good old days. And how I used to go rabbit nunting and track the poor beast to his lair, and how I was interested in my rabbit gums that I used to set alongside the old rail fence where the ? "U U J * "U J ?.wnn'A/1 + V? w t?r*4l TX'V? 1 r>"n TI'O c i iHJUlL iiau guancu tuc 1 a, 11, yy uivu it u,o evidence that that was the way 'ne traveled. I see that the young man who writes the paragraphs for the State and his mind running along the same channels, and I am satisfied fro:n vvnat I have heard of him that he is aot old enough, to now about the beautiful snow that we used to have m each Christmas morn in the good >ld days, but it shows that 'he is de scended from the right sort of stock, md he gets 'nis by intuition, and lie las the thing down about right. Listen :o this: "If the weather man wants to get on :he good side of local kiddom, all lie J- : - ? ni-ftM' r\n r'Vi r?-5 off rr* a c lets lu UU IS tULUV CiOl woo. vu umti/vuuu I lay with a good, heavy fall of the! jeautiful. There are kids and kids, I wt if there is one of 'em who isn't graying hard for snow on that happy >ccasion he isn't normal and he ought o be taken to the doctor." That fellow T. J. W., who wrote of ;'n.e old school house and the old schools of the days long gone will ap->rpr>iq-te this I know, because he will -emember about the snow- on eacli| Christmas morning that used to come "egularly. And then listen to trnis 'from that same paragrapher of the State, in nis etter to his friend Al. I am going :o hang up my stocking, aiso, on i ."'hristmas eve night, and I want to say t iere and now that there will be no i 4!im" in it, and I want it to be full >f something else when I get up on Christmas njorning. And I don't want j my "pokerdot neck tie" either, be,2ause I couldn't tie it if I got one. But I want to say, merry Christmas to fou old pal, and all the other fellows v.-ho may hang up their sox, and if nine has nothing in it, not even a "lim," I will go on the even tenor of aiy way. and not complain, because ong ago I have come to the conclusion :hat it is best to take things as they :ome and say nothing about them, and :o believe that whatever is is best or t wouldn't be. But I have not given roii the letter to his friend AI. I guess r better srive it to you because I in :ended to do i!: before. Here it is: I "Friend AI: Well old pal I wisht as I fou could 'be with I and the fokes on :he 25nd of the mo. which, is Ximas in sted of haveing to go way down their to Ala. & montgommery etc. Im ?oing to Tiang up my sock a gain this yr. but I dont except to get 0 in my sock but probily the same old poker " *? - -1 <r/\t I dot neck tie wtacn ive ai i cuj ev, v. about 35 or 50 of them & it looks like as if the wommen all ways give you a poker dot i^ck tie for Xmas when they could give you 1 of the n-essysarys of life like a bear opener or some thing. Joe sparks says the girls is all so going to hang up their sock for Xmas and I says Joe I don't want to see no girls sock amlest they got their lim in i them I says, pretty good hey A.l. Al 11 reckon Xmas is going to cost me $3.50 or $4.00 this yr. I got to give presence to a bout 35 or 50 people & I think they ought to of abbolish Xmas by law when a mans got to spend all that money on people & he dont get 0 but ' > -Hp or some thing. 3> Olfl pciivci uvi- uwu "Well mary Xmas to you old pal & be good & don't take no bad nickols & I got a new ford joke to tell you when you come back Al." And this reminds me that I received a letter from this paragraphs of thi State, which I appreciate more t'nan any letter that I have received in a i> long time, but as be nas manvtru "personal" I am not at liberty to use j it. I want to say to 'him that when I j wrote what I did I had no idea that, he would' write me a letter, because I did not know whether he would see what I was writing or not, but what 1 said I meant, because I don't write u-hat I don't mean and I am a very plain spoken sort of person. I really -enjoy the paragraphs and I read them every day now. Bouquets are few and far between, and it is true we genera! * ? ? -??- - 11 <e> . <s> COTTON MARKET ? <s> dewberry. Cotton 11 ^4c ? <S> Cotton seed, per bu 60c ^ ?$> ^ $> Prosperity. Q > Cotton 11% c ^ Cotton seed, per bu 60c <$> & Pomaria. ^ <$> Cotton 11 <S> Cotton seed, per bu 63%c ^ < ? ^ <? Little Mountain. $ <S> Cotton. 11 Vic <?> <$> Cotton seed, per bu 63%c ? 3> 3> ^ Siherstreet ^ <?> Cotton 11 Vic ^ Cotton seed, per bu 65c ^ <?> Cttappells. <? Cotton 11 ^ ^ Cotton seed, per bn 63c WMtmire.- ^ <?> Cotton ll^c <$> : Q> ? ? ? Q> / ly get brick bats instead. And it is too true that most of us take delight in pitching bick hats rather than in saying pleasant things, and in throwing bouquets. It would be so much, nicer if we would throw more bouquets and fewer brick bats. And then here is another paragraph that contains a whole lot of everyday philosophy, or if that is not the proper way to put it, a whole lot of every day life, and a whole lot of ever}-1 day experience of a whole lot of people: "The quickest way to learn how many friends you have is to go out and try to borrow from some of 'em." Now, if you Son't think there is a whole lot of common every day philosophy in this little parrgraph you just try the experiment. iMSa^be you have already done so and' if yon have you will recognize the truth of this statempnt Tihp best nlan is not to 'borrow and then you will be under no obligations to any one along that line. And then here is another one that has a whole lot of truth in it, and, no doubt, the editor of the Observer will agree to that for it seems to me that I saw something in his paper the other day about his having lost or loaned an umbrella to some one, and when the rains came he had to trudge it along without a shelter. Even an advertisement will not secure the return of a missing umbrella. Fact is I believe there are a few things that some people do not think it dishonest to talk? and keep, or to borrow and never return, or to find and not try to find tie owner. One of them of course is an umbrella and another is a book?don't you know a lot of people who borrow books and never think to return them. j And yet I can't somenow gee zuy wusent to believe that these people are dishoAest or mean to do wrong, 'but books and umbrellas are valuable just like money, for its takes money to get them in the first place. But listen: "It is all right to have faith in the I honesty of one's fellow man, but all the same it is just as well to keep an eye on your umbrella when you put it "* ? " "V. '' cown SOilit: VY utri c. But suppose we all agree to make some one happy. We should do it all the year, but especially at this season should that feeling take hold of us completely. As Buster Brown would say: "If you just make some one happy it will keep you happy thinking about it for a long time. It is easier to be good when one is happy and it is easier to be happy when one ot gooa. Some people Just think all the time how to get, get, get. If they thought how to give they would get more enjoyment out of life. Believe me, the more you give the more you get In joy, in love and in money. It's true." This is a good time of the year for you to try out this doctrine. And it takes so little sometimes to make people happy and it costs so little and it is such a good investment that I won j der sometimes at the stinginess ana the selfishness of some otherwise very clever people. Let's forget all that and make some one happy. fTHE IDLER.