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The herald and news. (Newberry S.C.) 1903-1937, December 21, 1915, Image 1

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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.

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