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ALLEGES REFUSING ACT VOID
? ? fca
VC 1 Ion To ItKsTHMN MNKIM.
Pl'XI) 4 i >MMISSION.
su|>mi??- lourt V-nkeil by HUliUtnd
? taint* 1 'itIxvii to IHM-Iurv I not?
MltutioiiHl \n Providing tar Re?
funding of State IVbt ami to Pre
*ntt Sinking Fund t onuuLnsion
< an -On* Out RroOnkm* of sumo?
H.'hm.ih In Sii|>|Mirt of Petition.
umbiH, Jan. 6.?The validity of
the Refunding Act of 1912 wan at?
tacked and the quts'.nm of the legal?
ity of the sinking; fund commission
itself raised by the proceedings insti?
tuted in the Supreme Court this morn?
ing by W W. Bay. a taxpayer of Rieh?
ls nd County, to have the Refunding
Act declared unconstitutional and to
enjoin the sinking fund commission
from carrying any of its provisions
The Act Is aliased sa be unconstitu?
tional tn that the body does not con?
form to the title and In that the sink?
ing fund commission in composed of
persons holding other offices under the
State and that their sitting on the sink?
ing fund makes them hold two offices
of honor or profit, which Is contrary
to the Constitution. The action was
brought, with the consent of the At?
torney General, by W. W. Ray,
through his attorneys. Wcston and Ay
The Supreme Court Issued a rule to
show cause directed to the sinking
fund commission returnable next
Monday morning at 10 o'clock.
The refunding o** ?? e St. te debt will
be tied up if the action is successful
The whole history of the public debt
of the State Is reviewed and gone
into fully and actions of the previous
Legislatures In refunding the debt
In lt?t and In 1%92 are questioned.
The plundering of the State by the
- carpet bag government is indulged In
and the whole history of the issuing
of bonds In South Carolina told.
The proceeding particularly is aim?
ed at the Act paseed by the Legisla?
ture last year, which authorised the
State ?tnklng fund commission to call
In the redemption brown Consol
bonds bearing 4 1-2 per cent Inter?
est snd to Issue In their stead bonds
bearing 4 per cent. Not only Is the
constitutionality of the Act attacked,
but the actions of the present sink?
ing fund commission in authorising
the State Treasurer to call In $528,
?ao of the bonds on January 1 of this
year and retire them with what mon?
ey is on hand in the sinking fund
treasury, and to call In the others,
amountng to $4. .fl.ffffl ffl; ffl; ffl;
amounting to $4.500.000 on July 1
for the purpose < f refunding them,
are declared to have been void for
the reason that the sinking fund was
without a quorum.
The sinking fund commission is
made up of the Governor, tbe Attor?
ney OeneraJ. Comptroller General.
State Treasurer, the chairman of the
finance committee of the Senate, and
the chairman of the ways and means
committee of the House, a total of
six members, four necessary to a
quorum. Oovernor Blease has de?
clined to have anything to do with
the present commission and Chair?
man Mauldln, of the finance commit?
tee, Is dead. The point Is raised that
Mr. Drowning, the chairman of the
House ways and means committee,
was not re-elected and his term as a
member from Cnion County, taken
by Mr. Wilburn. ids successor, on the
first Monday after the general elec?
tion last November. Therefore, only
three members, the Attorney O. ru ral
State Treasurer snd Comptroller Gen?
eral, were legal nu mbers of the sink?
ing fund when it authorised the re?
funding of the bonds as outlined on
December 23. Mr. Browning was
present ami voted, but the petition
holds that he was not a legal mem
bar and, therefor**, the action of the
sinking fund on I>eeemb r in au?
thorising the State Treasurer to call
in I52I.OOO of th?- r.r.wti CSSBSSI
bonds on Jsnuarv l ind to ? all in
the others on July 1 was Illegal.
The petit >ner. Mr Ray, prava the
court to permanently enjoin the sink?
ing fund commission or their succes?
sors from takln* m\ - . n as mem?
bers of the sinking fund commission
pursuant to the resolution adopted bv
three of them on December 23. 1912.
or from taking any action not au?
thorised by four of the commission
H* asks that the Refunding Act of
It 12 be declared unconstitutional nnd
the sinking fund commission and their
successors be permanently enjoined
and restrained from currying out any
of the provisions thereof
Italian- Return to Work
Mr. J. K. Shab.llta. the contractor
doing the work in the Atlantic Coast
Line Yard, has a fore.- .,f Italians
working for him at p ??o-nt. M inj
of these Italians went gejf bjsj ? strike
several weeks ago and returned to
their homes it and n? ir Wilmlru-i i
but they recently decided to return
to work and upon their apfjUaatloa
for Jobs were allowed to go back te
their former work by Mr Shabeliu
The force of Italians came In Sunday
WILL BLOCK TAR'S PLAN.
democrats find jistifica
TIon ttM MOLDING UP
APPOINT*! i x r s.
Pic-ldcufs Action* Indicate That
is Ising Putronngo To Pay
PoIUumI l>cbt>, say Democrat*
Washington. Jan. I,?With the rs
assembling of the two houses Of
I ?ngress, following the holidays, the
consideration of the patronage con?
troversy has been resumed and the
Democratic Senators who are standing
in the way of the confirmation of
Taft appointments have found addi?
tional Justification for their fight.
The appointments sent in by the
Pfl sldent since the election have piled
up until more than 800 of them are
pending before the Senate awaiting
confirmation. Dy March 4 it Is ex?
pected that 1,000 will have been for?
warded to the Capitol by the White
An investigation Just made by Dem?
ocratic leaders into the nomination a
day or two ago of two more members
of the Federal Court of Claims shows
that President Taft Is seeking to Re
publlcanlze that body for years to
come. And there are abundant rea?
sons to believe that these nominations
will be held up.
The Pre: ident has just appointed
Judge Fe?;ton W\ Booth to succeed
Judge Stanton J. Peelle as chief Jus?
tice of the Court of Claims and Henry
Boutell, now Minister to Switzerland,
to be an associate Justice of the same
As the court now stands there are
four Republicans and one Democrat
serving upon it. Instead of picking
one Demociat and one Republican for
the two vacancies, the President
sought to promote a Republican mem?
ber of the court to be chief Justice
and named Mr. Boutell, an old-line
Republican and former Cannon lead?
er In the House, for the other posi?
In the Judgment of the Democratic
Senators, who are now determined to
fight these confirmations, these nomi?
nations show that President Taft is
now using Federal patronage simply
to pay off a series of political debts
and not merely to fill Federal vacan?
cies that may have occurred during
the last months of his administration.
The Democratic leaders, however,
are not drawing a dead line on Hill
Taft appointments. They liave agreed
to the confirmation of Edgar D. Clark
to succeed himself as a member of
the Inter-State Commerce Commis?
sion, though he is a Republican, and
will serve for eight years.
Mr. (Mark's ease is different from
most of the others Involved In the
present controversy. His term ex- |
pired in regular order on the first of
January. He has made an excellent
record on the commission and that
body would be seriously crippled if
it should be compelled to work short
handed from now until March 4. Un?
der the law Mr. Clark cannot serve
until his successor is named.
There Is no more reason now than
there was when his nomination went
in to suppose that Judge Oscar Lesers
confirmation will be permitted by the
Senate Democrats. W. Hall Harris
will, it Is now certain, serve on as
Postmaster at Baltimore until Presi?
dent Wilson names his successor.
Senator Smith, of Maryland, is sup?
ported In opposing the Leser con?
firmation by practically every asso?
ciate on the Democratic side of the
The four other Maryland post?
masters now nominated by the Presi?
dent are in the same position. They
will not he confirmed and none will
he who may be named between this
time and March 4.
senate majority DISCUSSED,
<.o\ernor Wilson < outers with Dem?
ocrat* on Possible Increase in Vp
Trenton. Jan. 6.?Presidcnt-eleet
Wilson canvassed further into the pos?
sibility of Increasing the narrow ma
iorlty of the Democrats In the 1'nlted
BtatSS for the next Session. H?. took
up with United States Senator John
on and Rsprsssntstlvs MeOilllcuddy
of M lire- details of the senatorial situ?
ate.n m the States where the Pro
-i\.s admittedly hold tin balance
? -t power in tiie legislature. The presi?
dent-elect is hopeful that Senator
Gardner may yet b? re-elected.
Representative A. Mitchell Palmer
of Pennsylvania, and Albert S. Rur
lesofl of Texas, conferred with Oov,
Wilson for an rnair. At the conclusion
aalthsf would say m word about the
visit but Oov, Wilson made it clear
iif ha<i discussed general legislation
tor the extra session
Judge William Hammond of Au?
gusts, before whom Oov, Wilson as
a young attorns) em ?? srgusd his
? i . -v t ailed on the president-elect
to urge support f..i the hill pending in
congress Which WOUld appropriate
|3fte,6s4 for the celebration of the
*'Ol? annUetsay of 'he Signing Of the
. mancipation proclamation The gov
? rnOff Said lie approved the objects of
the hill and hope it would be passed.
COUNCIL HOLDS CONFERENCE
Wim MIL WORTHINGTON
New Officer Will Learn Something of
Town, Ita Greatest Needs and Reve?
nue Before Starting oul to Make
Changee?Something of Mr. Wortfv
Mr. m. ||. Worthlngton, Bumter's
City Manager( officially began upon
his duties in bis new position Wednes?
day morning, after a conference with
Council Tuesday night at which mat?
ten relating to the position were
discussed and a plan formulated for
Mr. Worthlngton to learn something
Of the city, what work is needed and
what means the c ity has for doing
It was derided that Mr. Worthing
ton should take up one department at
a time and be shown the various fea?
tures concerning each as it was taker
up. He would not be left to his own
resources to be overwhelmed by the
multitude of his new duties, but the
iff airs of the city would be turned
over to him gradually as he learned
matters in connection with the City
and was prepared to shoulder more
numerous and weighty affaits relating
to the city's welfare and advance?
ment. The liest department to be
taken up would be the public works
department, of which Councilman J.
P. Booth has been the head for the
past two years. Mr. Worthlngton
would be Introduced into the diffi?
culties of this very important depart?
ment by Mr. Booth and after he had
mastered It, he would be ready to take
up the next department. The time
consumed in this, of course, could not
be specified, but any reasonable time
would be given.
Council realizes the fact that Mr.
Worthington will not have an easy
time of It. He Is a stranger here and
all of the disadvantages occurring by
reason of this fact will have to be
met and overcome. The position re?
quires a versatile man, able to cope
with difficulties of all kinds, a man
capable of handling men, a man who
must have engineering experience
and knowdedge of all matters in any
way related or connected with the
operation of a municipality, or he
must learn these before he can make
a success of the Sumter Plan of Gov?
ernment. With trie many difficulties
in view Council wants Mr. Worthing?
ton to lea'n thoroughly what he has
to do before he assumes full author?
ity Which, however, will be given
him as soon as he is ready for it.
As provided several months ago the
salary attached to the city manager's
job Is a month and it is at this
figure that Mr. Worthlngton has ac?
cepted the posltion?
As stated In Tuesday's Item the
f'ity Manager readied Sumter Tues?
day morning. Since that time he has
been looking the city over and learn?
ing things about It. He held a con?
ference with Council Tuesday night
when plans for his future work were
mapped out. Mr. Booth has
taken him In charge for the time be?
ing, so ? speak, to show him mat?
ters concerning the public works of
the city. Mr. Worthlngton stated
Wednesday that be would not com?
mence on any work of Importance or
make any changti until he had mat?
ters In hand and knew what was
most needed in the city and what
means the city had of doing such
work. He would .start Out to Jcar this
Mr. Worthington is a young man of
thirty, or boyish appearance, with a
very pleasing address. He Is mar?
ried and will bring his wdfe and child
to Sumter, their future home, the
latter part of the week. He will in
the meantime take up his residence
at Mrs. John Haynsworth's on Cat ?
houn Street. He has had several years
experience of in actu al engineering
and road building and coins to Sum
ter highly recommended. In him
council thinks it has secured a good
man for the position, a matter which
Bumter's future will show.
Taxes Behind Last Year.
It was stated by the county treas
urrsr Tuesday that up to January 1.
1913. ?1 per cent of the taxes bad
be< ii paid Into the county tr? .usur?
er's office. While the treasurer did
not haw with him the records for last
year, he stated that this was a consid?
erable falling off from the amount
Which h;id been paid in up to the same
time last year.
With the beginning of January a
I per cent penalty is attached to all
unpaid taxes and this penalty will
have to be paid on the i?'> per cent
of the taxes still to be received. At
present tin- auditor is going over the
I.I\s and attaching the penalty to
Unpuld taxes. Tax money Is still
coming in. but not so rapidly as it did
the lasi fe\s days of December,
The County Trustees' Association
held Its regular quarterly meeting
the Courl House Wednesday.
('ne of t he tit si t hlngs tin < ;ity
Manager should do is to order oul the
spilt log drags.
HARMONY TALK AN IDLE ?BE AM.
NO CHANCES OF APPROACHING
SESSION BEING A PEACE?
Supporten ol Two Sales Mars!tailing
Corves for Coming Contest?Char?
leston Situation Is Attracting Atten?
Columbia! Jan. 5.?Sonn people in
this State are talking about the har?
mony session of the general assembly.
This is all idle talk, for the very life
of the South Carolina general,assem?
bly is the talking which deve?ps into
hot factional fights. There never has
been a "Harmony session" of the
South Carolina general assembly and
there never will be, until all of the
loud talking politicians have passed
from the arena. The chances are
they never will?so there you are.
There are plenty of brainy men in
the body, but they are literally smoth?
ered when the ranting time comes
along. The one definite subject tor
talk has not been decided upon so far,
but some one will find it. That sub?
ject is going to bob up, and the mass
of legislators will follow it hlindy.
Whiskey has been the talking subject
for many years, and now it is some?
thing else. The people in this State
just love politics, and politics they
The present governor of South
Carolina is absolutely dependable in
one particular?that is to start some?
thing. He would never consent to a
"harmony session." Just as sure as
twice two is four he will start some?
thing and the wise ones here are of
the opinion that it will be started
with his annual message.
Someone said the other Jay that
this was going to be a quiet session,
and that a progressive program of
legislation would be carried out.
Every South Carolinian down in his
heart, if he has the interest of the
state at heart, hopes that the predic?
tion will come true. But if it should
come true, then there would be a
new day in this state.
The blatant ones will blase forth
with all of'their glory, insofar as
loud talking goes, when the compul?
sory education measure is proposed
"Free nigger" will be shouted loud
and strong, and alleged arguments
against the measure put forward. The
thinking people of South Carolina re?
alize that the hope of the future of
the state lies in the education of the
children. They also realize that the
education of all children depends on
the riKht kind of compulsory educa?
te n measure. However, just as in
the past, this measure is going to
Taxation is a question that reaches
practically every man one way or the
other. This question will be one of
the most important to be faced by
the next legislature. About $2.000,000
will be necessary for the state gov?
ernment this year. It is estimated
that about five and three-fourth
mills will be sufficient for the ordi?
nary purpose. Yet the asylum bond
issue was defeated and the funds bor
n?wed must be returned to the sink?
ing fund commission. This will
necessarily raise the tax levy, for all
realize that the work of relieving the
Congested condition at She State Hos?
pital for the Insane must go on.
The supporters of the governor,
who were elected to this general as?
sembly, are marshaling their forces
and will put up a determined fight to
gain every possible inch of ground.
They want Important eommitt*o as?
signments, which they will not get
unless Mendel L. Smith loses his
nerve. He is assured of election as
speaker, and the Blease people want
George Rembeit for chairman of the
ways and means committee.
There is little interest in the reporl
to be filed by the legislative commit?
tee that was appointed to investigate
the charge of the governor againsr
Attorney General Lyon, and the mem?
bers of the Ansel winding-up com?
mission. The commission will verv
probably exonerate all charged by the
governor and let the matter drop at
that. There was nothing of an in?
criminating nature proved against the
governor at the Augusta hearing?
however the suspicions may have
been aroused?so It is supposed that
the committee will merely submit the
verbatim testimony of the hearing.
The committee will very probably
touch on the Charleston graft situa?
The Charleston racing situation is
causing considerable comment ju-t
now. and the general opinion Is thftt
nothing will develop to prevent the
alleged sport No one knows Just
what action Thomas 11. Peeples, :h ?
next attorney general, will take
\ member of the Charleston county
delegation will Introduce a measure
for a high license liquor law in South
Carolina, ruder present conditions, it
does not seem necessary to enact any
kind of whiskey legislation, for the
laws that are on Ihe books are be n,T
llagrantly violated from one end ut
tin State to another It is estimated
there tier., are fully 5,000 places In
South Carolina where whiskey mi > 1<
purchased lllght here in Columbl
lite re are many wida>S4Bea saloon.*
nrhlch are seldom it' ever molested.
i->eryone knows the situation in
The general asserniy would not
wests any time if it gave serious con
ddirattun to the progr?issive measure
for the betterment of ]?iV*>r conditions
in South Carolina that have been pro?
posed by Commissioner Watson. Some
of the laws may be a little too far
advanced for this time but the ma?
jority of them will met work a hard- j
ship on any one.
The general assembly is due to
start moving one week from Tuesday,
and the set time ia forty days, al?
though it may go longer. The first
few days will see a flood of measures j
introduced. This is a new legisla?
ture and there will be many new :
TAX RFTCRXS FOR 191?.
Notice is hereby given that I will
attend in person or by deputy at the i
following places on the days indicate
ed, respectively for the purpose of re?
ceiving returns of personal property
and poll taxes, for the fiscal year
Commencing January 1st, 1913.
All males between the ages of 21
and 60 years, must make returns as
to whether or not they are liable for !
road duty for the year 1913.
Tindals, Tuesday, January 7.
Privateer, Wednesday, January &? S
Lev! Siding, Thursday, January 9.
Wedgefield, Friday, January 10.
Claremont, Tuesday, January 14.
Hagood. Wednesday, January 15.
Hembert's, Thursday, January 16.
Dalzell, Friday, January 17.
lirogdon, Monday, January 20.
Mayesville, Tuesday, January 21.
Pleasant Grove, Wednesday, Janu?
Shiloh, Thursday, January 23.
Norwood Cross Roads, Friday,. Jan?
Oswego, Monday, January 27.
All persons whose duty it is to make
returns should be prompt to meet at
these appointments. All returns must
he made before February 20th, 1913.
R. E. WILDER,
Auditor Sumter County.
Sumter, S. C. Dec. 3. 1912.
Leaves for Bartsville.
Mr. b. W. Humph, who has been
..ft'. red ibe Position at* agent at Harts
\ ill*- for 'he South Carolina Western
Railroad, left Monday f<?r that place
to begin upon his duties there. Mr.
Humph r, lievea Mr. J. T. China who
has been appointed agent at Sumter
and who v.-ill leave Hartsville in the
near future for this place. It is not
known hare definitely yet, just when
Mr. China, who ic a former resident
of Sumt.T and who has many friends
here, wiTl reach this city and enter
upon his lew duties as agent for the
Soufck Carolina Westert? Railroad.
Geo. H. Hurst
ITS DKRI VREK AND EMBALMER.
Prompt attention to dfcty or might
AT OLD J. D. CIUK. STAND. 202 X.
Day Ph???e 5*0. Night Phone 201.
The Jewelry Store
You will generally find that it's
an altogether superior artieie.
Haven't you noticed it?
Yes, it rent! more, but think what
you are getting.
Why, often the liandles in one of
the umbrellas that we sell cost
more-?arc worth more?than
half * dozen dry goods store
A spier did selection we show!
Wouldn't you like to see it?
$5.00 la $30.00.
We engrave them free of charge.
W. A. Thompson,
JKWELER AND OPTICAN.
YOUR OLD TEETH.
You a ill be surprised to know what
Dr. C. H. Courtney can do with your
He can increase their usefulness
many times; can possibly add others
to thern improving your looks as well
as your health.
Delays ire dangerous and always so
with de? yed teeth.
Sumter Dental Parlors,
DR. C. H. COURTNEY, Prop.
OVER MRS. ATKINSON'S M1IJLINERY STORE.
WHEN IN NLSD OF A GOOD WORK
EASY. HONEST AND WELL MAD",
Ask For the
Witherspoon Bros. Shoe Mfg. Co.
SUMTER, S. C.
Sold by all RESPONSIBLE merchants.
Buy them and cut your Shoe bill 25 per cent.
MOLES and WARTS
Removed erttli MOLESOFF, without pain or dancer, no matter
bow large, or how far raised above the surface of the ?.kin. Ami
they will never return, ami no iraceor - ar wiH t>o left. Moil S>
OFF i* applied directly to tlte MOLE or W ART, which entirely
disappear* in about six days, killing tlte germ and leaving the -km
Smooth and natural.
MOLESOFF put up onl> in One Ih liar bottles
Bach bottle Ii neatly packed in a plain case, accompanied by full
directions, and contains enough remedy to remove ? igln or ten
ordinary MOLES i WARTS. We sell M0LE80FF undei s positive
t;i ARANTBE .f it fails to remove your MOLE or WART, We will
promptly refund the dollar.
Florida DlstrlbuUng Company Departsaei P\ asacols Fla.