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Avon Id issue a rule, ami later win
tentatively approving tin* surest it
of the supersedeas lie referred to tl
fact that in the event of such aeti<
J>y the eonnnisioners, the collateral b
in# in the State treasury, very #ra
sunl complicated questions mif?
urise because then there could1 be ;
invocation of the eleventh amendme
to the United States constitutie
which forbids a suit against a Sta
"without its consent. 1). L. Kounlr
H>f counsel for (lie commission stub
1o the court that the commission hi
not parted with control of the colli
oral, but intimated that perhaps t
f.ommissiotiers ini.u'hl have placed
in the vaults of the Slate house f
safe keeping .just as I hey niiuht ha
put it in a bank vault or safe. No a
lion was a-'k.'il. however, for tl
The 111?'t ion mi I he pari of |]
eommission that .Indue I'ritchard r
voke !?is orders and' dismiss I In- sui
was presented by Mr. A.bm-y and I
read ;i brief in support of ii. Tl
motion set up thai since .Indue I'rilcl
mrd had taken jnrisdict ion ami mat
rcslraininir order* and nam.-d recei
vrs the South Carolina supreme eon
had decided in i ii 1 brought by A
toriiev Genera! I.yon against the eo;i
missii ner- ii> eoaipi l (hem to pay
him out o!' the fund ?15,000 whi<
was appropriated by the le^islatu
for criminal proseculions that li
.$SOO,tMIO fund was not a trust fun
and the argument was tliat the I'ede
al court was bound bv an interpret:
lion of the laws of a Stale by tl
highest eourl liiereof ami llie deei
i1111 bein.: virtually that there was i
.jur'o diet ion i:i the fei|el:l eeurt t!
lat 1 "C .! ! accords a .1 1 I h;
1II i "| ' i !;i1 i' ei. If; ; ly V. 1 - made i
A.I I'ri .1 S. i' rnai w !e' .tr -u.'d a;
0 U o i ei 1 IIIII I'l nil ;o 1! I < el'l'eil t!|;
the proeedure indicated was il"l bin
iim where a I? !. r:; I emir! had eo
strued a law in <piesi ion prior lo
eoiisl ruction by the Stale court,
was ;iI<ii insisted that in the case b
fore the eoni I obligations of a eo
tract were involved and not purely
State law ipieslion.
The Technical Question.
All the motions ami aruumeii
arose over the (|ucstion of I he cot
jnissioners paying the 1 ."i.UtMl
erimiual prosecution money lo tl
atloruey general at least that w
ibe nominal question ami that it w
purely nominal was deiiionst rati
when Frank Carter staled thai cm
plainanls were perfectly willing t!i
:ihe atloruey general should have tli
money and the eourl replied that
had oeen anxious to cause iis pa
nienl ami had announced iinic at
auain thai if any of the whiskey s<
!ers hail violated the dispensary hi
"fhey oiivt'lit lo be sent to the penile
tiary, but that he had been a>ked
make no order. Mr. Carter then sii
jested that the court treat the app
nation bel'oie the South Carolina s
jpreme court as a recpiest to it for ll
payment of I he $15,000. Mr. Abm
objected to this course, saviny that 1
i hoped t!ie eon: t would uo| uudcrtal
to eons! rue the application which di
| .tineily disavowed the jurisdiction i
bis court into a recognition of i
jurisdiction. file jadye replied' lli
i lie would not ,>o construe the proceei
ill.'', but w onI I ot lii> own uiolii
make an ortler allowing' (lie paymei
01 l!;. .Vl-i.OOO by the receivers ai
commissioners and later such an o
tier was smm-d.
.\l I'iie iifterueon session Mr. Abm
presented an application to the eon
asking that ii allow a severance ?
<he appeal, that is. allow the thn
- eonuuissio'X'rs who resist the court
) }visibetion, Dr. W. .1. Murray, Avei
I'atton and >lni McSweeu, lo appe
without beinu joined by the otlier Iw
11 seems that the commission mini
as well withdraw the application f<
a supersedeas. Mr. Carter said th
hio eourl of eipiily would compel tl
banks to pay out the money willioi
.1 surrender of the collateral tin
nave the comuiissiou and the govern
had mdilied the banks not to p;
'without surrender of this eollaler;
Mr. b'ounlree replied that the con
eould put the commissioners in j;
until I hey died if they failed to ke<
the collateral and then slated that tl
lUollMeral was not in the possessic
<of the treasury, but was in the cust
'ty of the eonnnisioners. Jnd^e I'ritc
vird then asked if counsel would eo
sent in case of the granting of a sn
ersedeas that the collateral be plae<
in the registry of I he eourl, to whi<
'Mr. Rounlree replied that he was n
prepared lo consent to this pi a
Jud?e Pritchard then remarked th
ombarrassnieitl would arise if (lie c<
lateral could not be reached and lit
if it was in the Stale treasury a ea
would arise under the cloven
amendment and presenl a sorio'v ai
difficult situation. Mr. J>arna
011 tlien .said that the defendants had
"i already announced that they would
lie refuse to obey the court's order. Tim3
was then given complainant's counsel
e- to consider the matter more fully.
Judge Pritchard's Opinion.
^ Following is Judgo Pritchard's
,n "This is a motion to vacate injunction
and receivership orders on the
eo ground that they are predicated upon
Clj an interpretation of the act of 1JJ07
[Uj as amended by the legislature of
j._ 1!JOS, in conflict with the interprctalJ0
tion (hereof hy the supreme court of
South Carolina, in the case of the
. Siate of South Carolina ex rel. J.
vt, I'Yasor byon, as attorney general,
(._ petitioner, vs. \V. J. Murray et al.,
|u, j decided March .14, ]!)08.
"As a general rule this court will
: adopt the construction which the
! ! Si.ile court puts upon a State statute.
This is especially true as affecting the
v j court's decision in respect to a rule
j ol" property. Tiie <|uestions involved
:u lhis motion were determined hv
Hi L . . . . , . *
I Itlns conn in au opinion rendered on
l' I the "Jl'th day of February, 1 DOS, in
which, among other things, it was
' held thai the act aiithori/.ing (lie anil
i pointnieiit of the defendants as eoint
- | . it.-, i
i iiiissinncrs 11> settle ami adjust tie1
' '.id ^landiiiu indebtedness incurred bv
[ < I ,
^ , t ne Stale dispensary created (lie fund
jin their hands a trust fund for the
! bcnclit of the complainants, and (hat
i c j 1
I ' I lie acceptance of the same by the
' | defendants constituted them' trustees
j holding such fund for the purpose
contemplated bv the statute.
1(1 , '
s_ ! "The court having considered the
opinion of the supreme court of
t , *>out|i Carolina, which holds that this
,. - :s -nil a-.iinst i ha* Slate and therj...
!'< :? inhibited bv the eleventh amend-I
. . '. , . . . I
M| '1 .ei i. ..! opinion that Itiis court is
... not hound by the principles euuncia!i
i "I 11: rein. inasmuch a> ii was rendcr(]_
ed subset|uent to the decision of this
.. court and necessarily involes a eoni.
si nut i o 11 of the constitution of the
t'_ I'.iiied States."
n- The jud^e here quotes from the
;i eas?> of I'.urue-s vs. Seliginan. 107 IJ.
"In the present case, as already obIS
- ived. when the transactions in qnestion
look place, and when the decision
| of the circuit court was rendered, not
' ouIv was there no settled construcI
as i '''1" "I" statute in the point, un,ijj!
d *r consideration, but the Missouri
e;i-es referred to arose upon (he identical
transactions, which the circuit
. . 'court was called upon and is now eall
oil i.n. io consider. It can hardly be
j. e.-nieiidcil that the federal court was
t > aw.iit t'or the Slate courts to tie- ]
' i cide l!ie merits of the controversy
,i and 111 i simply register their decis|NV
on: or that the judgment of the cireuit
court should be reversed merely
. odMiise tiie State court has since
<r ( adopted a different view."
fi_ | dudge 1'ritchard then quoted in the
case of I 'ease vs. Peek. IS How. 550,
I and continued :
"This court entertains the highest
l" [regard for the supreme court of
I ; South Carolina and the greatest rei
sped for its decisions, but inasmuch
as its decision in this case was render[
ed after the rights of (lie coniplainj
auis had accrued under the act, and
, | subsequent to a determination bv this
ceii?t ot tiie i|iies|ions involved in a
- ii! broil-:lit by the complainants, the
, I emu I does not feel .just itied in adopi,
! iug the opinion of that court as eonj
trolling in this (particular ( ase.
"If the court had any doubt as lo
jibe correctness of its ruling it wool.I
'1 gladly yield to the decision of the
' State court, but having no such doubi,
j the motion of defendants is overrul'sj
N 1 At the time the court announced its
a'j opinion in this case, among other
tilings, the court stated that if appliI
cation should be made for the payII
; nie.it of the $15,000 appropriated' by
"^ j the legislature of the State of South
11 ! Carolina for the proseculion of par"
j lies charged with the violation of tlr*
laws in connection with the managel"
menl of the State dispensary, i(
would gladly authorize tiie same,
j Inasmuch as it appears there will
1 be funds amply sullicienl to pay all
l1' debts and liabilities of the commissi1
sion after the paymenl of this amount,
1,0 and in order that the State may not
>n be embarrassed in its prosecution of
i those who mav have violated its laws.
| I # '
u" j the court will, of its own motion, sign
n" an order authorizing the payment of
I'" j tiie said amount to the attorney genp(l
ol I ANSEL ON TUB DECISION.
^ ; Will Be Guided hy Developments'?
Will Convene lie gislnturc if
;l' Dvastie Measures are Employed.
l!i j ...
! iovi nicr Ansel, in speaking of the
decision of Judge l'ritchard, made at
Aslicville Friday, said on Saturday:
"In reference to tin; decision of his
Honor, Judge Pritehard, made yesterday
in the dispensary case, declining
to conform his former orders to tlio J
decision of our supremo court, I must
say that the same was a uisa.ppointment
to me, as our supreme court has
so ably and clearly passed on all the
"I shall not attempt to discuss th?
case here and now.
"The course that T shall pursue in
the matter depends upon future developments.
Tf the case can he, and
is allowed to be carried to the supreme
court of the United Stales
fairly, peaceably and orderly without
drastic, proceedings being resorted to
anainst the commission and the depositories,
and that seems to me to lie
the most dignified and feasible method
of procedure, (lien T shall he satisfied
that the interests of the people
will lie maintained. Tf, however. I
there are to lie now complications or
drastic measures adopted, it may become
necessary at an early day, to
reconvene the legislature to enact!
such legislation as our State supreme i
court has held to be competent."
HANGED AT GEORGETOWN.
Negro Who Killed Constable Who 1
Was Seeking to Arrest Him Legally
Georgetown. March '27.?At II..'50
o'clock this morning .Tack Blake expiated
on the gallows the murder
of .Jim Green in this county two
year-; at*o. Blake shot Green with a
musket as the latter, acting as a constable.
was at tempt i ii.tr to arr.-si him. j
Green w;is killed in>!ant!y. i !ie loud;
blowiii'r the top of his head off. Blake j
fled, hut believing that he acted in'
sel I -i I ? } ence, returned lo his family I
some time last year, intending to
stand trial ami clear himself if arresled.
Sheriff Scurry quickly had
11im in custody, and lie was tried ami
convicted at the last term of court.
Blake has always been of a lawless
disposition, which fact was much
against him, whereas Green had borne
an excellent reputation as a peaceable
ami law-abidiiiQf negro. Within
the past week strong; efforts have
been made by a number of citizens,
who. on principle, do not believe in
capital punishment, ti induce the
governor to commute Blake's sentence
to life* imprisonment. A counter
petition was sent lo Governor Ansel
Wednesday, signed by !!()() prominent
men. praying that t lie law lie allowed
to take its course. This w;iv
done merely lo offset the impression
l.ial the previous petition might make
as i,i ihe sentiment of the people. The
great majority of whites and blacks
alike desired that the extreme penally
NEW RATES APRIL 1.
Rate Sheets Printed and Mileage
Books Ready for Sale.
I he reduced rales for passenger
travel will be put on by the principal
roads of the Southern Slates on the
1st ot April. The rate sheets have
been printed and senl out lo all the
agents ot the roads and the mileage
books are now ready for sale on the
terms so frequently published within
the last few months. The basis passenger
rate is two and one-half cents
lor straight fares and two cents for
mi I cage books.
rhe mileage hooks are interchangeable
between various roads, but the
mileage must be presented1 to the
ticket agents before boarding trains
and exchanged for tickets, no baggage
being checked on mileage. The traveling
men in this State have protested
Fine Box Pa
to call and s<
Herald and I
We also hav<
Cards and Dj
see us before 1
HERALD & NE
t!mt this exchange arrangement will
work hardship on them anil cause
them to lose time, and the matter lias
been formally put before the railroad i
I has set a hearing in the matter. The
commission of South Carolina, which
commission is without auothority to
act in this matter, but it may be that ?
the travelling men by diplomatic j
means can persuade the roads to alter
their forms of mileage books. This
ear.not be dune, however, for some
time and not without much expense to '
the railroads, as the books have al- v
ready been printed and distributed to
the ru'iroan age!'!* for sale on the
1st of April. These books, containing
exchange mileage, will have to be
used for a time al least, and it is j
unite possible that the railroads will
not consent at all to change their
plan of selling mileage. In fact, if;
thev desire to do so the roads can put , ^
Iiv mileage bocks at two and onehalf
ccnis. on the same basis as j
straight tickets. ?i
While the railroads are reducing
rates they are also endeavoring to rec
111 ?*<' oxpenses, anil one _ r -he ways
in which they have tried to ?|n this is,
l>v taking oil' llie porters on the pas-j'j
sender trains and requiring the flag- j i
men to d<? some of the work formerlv
done !>y the porters. However, there
are frequent complaints about this
mailer filed with the railroad eom.Mission,
an I today :\nc'l:er complaint
iiis been received i.'jainst the Soutlie:
. >?> 'his .leei.-inl. |
.">00 M'ilo State Family Tickets $11.2o.?flood
ovi'r the Atlantic Coast
Line in each Slate for the head or depMidi'nl
meimbers of a family. Limit-j
ell lo one year I'ron, 'at,- of sale.
1000 MiK> IMi'TchaMueable ludivi-j
dual Picket 11*ii! over the j
Atlantic Coast Line and "> > other lines
j in the Sonihiast aggregating iiO.OOd ;
i miles. Limited to one year from date j
i ' j
I 'J000 Mill. Firm Ticket $ 1D.HI>.? I
(11ioi 1 over the AtlatiTie Coast Line '
and JIO other lines in the Southeast I
aggregating 110,000 miles; for a manager
or head of lirni and employes limited
to five, but good for only one
of such persons at a time. Limited to
one year from date of sale.
1000 Mile Southern Interchangeable
Individual Ticket $20.00.?flood over
the Atlantic Coast Line and 7;> oilier
lines in the Southeast aggregating -II,000
miles. Limited to one year from
dale of Vale.
All mileage tickets sold on and after
April 1st, 1!JOS. will not be honorj
ed for passage on trains, nor in !
checking baggage (except from nonagency
stations and .stations not
open for the sal eof tickets) but must
j be presented at ticket offices and there
exchanged for continuous tickets. I,
1f> cents saved in passage fare by
purchasing local ticket from our
Atlantic Coast Line.
T. C. White,
fSencral Passenger Agent.
W. J. Craig,
1'ascnger Traffic Manager,
Wilmington, N. C.
"This, then, must be our notion of
the just man?that even when he is
in poverty or sickness or any other
seeming misfortune, aU* things in the
end work together for good to him in
life and death; for the gods have a
care of any one whose desire is t.>
become just and to be like flod, as
far as man can attain his likeness, by
the pursuit of virtue."?Plalo.
Fleeting is all earthly bliss,
That I vow.
If you have a girl to kiss,
Do it now!
rt-u ?? iji?ir ! 'in ii
o is in need of
3r, Soaps, etc.,
se our line in
g a nice line of
fes. Come to
11 .1 "IH*
;WS BUILDING. !
, : l
Now is the time to secure your extra help, and since manual labor is
so uncertain we are forced to employ the most effectual implements in
lie successful cultivation of the soil.
Hie latest production of the Great Moline Plow Co. It scatters fertilisers,
drops corn and drills cotton seed, all steel, guaranteed a perfect
nachine. Price $17.50.
The "K. P." Guano Distributor
s the best 011 the matket, has taken the prize wherever shown in competition,
carries 7.5 to too lbs. feitilizer in hopper, is 011 perfect balance,
rasily controlled, scatters fertilizer all over tho row an;1 covers as it
?oes, also a line substitute for a double foot to cover corn. Price $8.50.
Universal Distributor. |
This machine has been very popular, can be used as side dresser while
ultivatmg. Price ?5.50.
fhese are really the best plows of the kind made. Mr. James Oliver j
>eing the fir.-t to invent a steel beam plow, and has been first in the
naking of such plows ever since.
No. 10.?2-horse Turn Plow $6.50. 1
No. O. Z.?2-horse Middle Breaker $7.50. 1
No. A. C. 2. ? 1-horse Turn Plow $5.00, to close out.
A Cotton and Corn Stalk Cutter that does the work.
If you want Paint of any kind let us figure with you.
^ Prosperity, S. C.
t The First Gough of the Season, |
0 Even though not severe, has a tendency to irritate the sensi- ^
^ t]ve /tieinbranes of the throat and delicate bronchial tubes.
^ Coughs then come easy all winter, every time you take the ?
? slightest cold. Cure the first cough before it has a chance to
set up an iuflamation in the delicate capillary air tubes of the
? lungs. The best remedy is QUICK RELIEF COUGH T
^ SYRUP. It at once gets right at the seat of tr uble and re- ^
: moves the cause. It is frte from Morphine and is as safe ior O
? a child as for an adult. 25 cents at ^
% MAYES' DRUG STORE.
<$> <$< <%? <$> ' &>
' 11 HI??-?? | Mini- |'TT
During These Cold Winter Months A Trip
THE ATLANTIC COAST LINE
Would be just the thing to make life worth
living. Superb Trains, Excellent Schedules
and Tickets which offer every advantage possible
for a pleasant and attractive trip.
For full information or pamphlets call on
your nearest Ticket Agent, or write
W.J.CRAIG, T. C. WHITE,
Pass. Traf. Manager. Gen. Pass. Agent.
WILMINGTON, N. C.
1 have a very large assortment
of pictures that 1 am offering
very cheap it will pay you to call
and see them.
niUyBd isM Oils sli