Newspaper Page Text
The Semi-Weekly Leader.
PUBLISHED WEDNESDAYS AND SATURDAYS. B. T. HOBBS, Editor and Prop. SUBSCRIPTION PRICE: (.In Advance) ONE YEAR.$2 00 SIX MONTHS .... l 00 ONCE A WEEK 1 YEAR - 1 50 LONG DISTANCE PHONE NO. 51. Wednesday, Dec. 27, 1905. WHISKY SELLERS GETTING THE MAR BLE HEART. Whisky sellers in Lincoln coun ty who appealed to the Supreme Court are receiving the marble heart in that tribunal right along. Milt Moses, the well known ebony-hued blind tiger whose white backing when he gets into trouble in the courts is a marvel to some people, white and black, and who was given 90 days on the county farm and $500 and costs by judge Wilkinson at the May term of Circuit Court, re poivnrl n pnmnlpfp knnplv nnfc n couple of weeks ago on his appeal to the higher court at Jackson. The plea was set up by Moses’ attorneys that beer does not come under the classification of vinous or spirituous liquors, but Justice Whitfield stated that while this view is accepted in some States, it is not so in Mississippi. Tersely stated,, any fluid that intoxicates in this State is considered -vinous and spirituous. Bill Hart, white, who was con victed in the Lincoln Circuit Court last May and fined $75.00 and costs for acting as agent for a whisky house at Ponchatoula, La., and took an appeal from the judg ment of the lower court, “caught it in the neck” from the Supreme Court last week. In this case, the attorneys for appellant relied on the interstate commerce laws of the United States and contended that the Mississippi law against persons acting as agents in prohi bition counties in this State for liquor dealers carrying on busi ness in other States, was contrary to these statutes, unconstitutional and void. The decision of the Supreme Court was pronounced by Justice Truly, who held that section 1(504 of the annotated code, which prohibits a person from acting as agent for the sale of liquor in the prohibition coun i • c ii Lu.i. * .. __ i- ~ ciuo imo uiait, «.* n-^iiiuiuvo and valid expression of legislative will, and is not in conflict with the will of the people as express ed in the constitution. Under the terms of this decis ion liquor agents will be prohibit ed from soliciting orders in this State and collecting for same at ' the time order for liquor is given, this’being declared a sale within the meaning of the Mississippi statutes, and rendering the agent guilt}7 of illicit retailing. Justice Truly also held that sec tion 1604 is not an infringement of the provisions of the Federal Constitution, nor is it in conflict with the Interstate Commerce clause of the fundamental law of the national government. In the case before the court for review, the appellant, Ilart, was a partner of a liquor house at Ponchatoula, La., and made frequent vis its to Brookhaven, to solicit orders. He sought to escape pun ishment when convicted of violat ing the liquor laws by claiming that the statutes of Mississippi are a restriction of interstate com merce. Justice Truly recited the Wilson act, passed by Congress, under which liquor imported into a State becomes immediately upon arrival subject to the laws of such State, so that the sale there, if forbidden by the law of such State, is unlawful, though made by the importer in the original package. The transaction in the Hart case, holds Judge Truly, was made entirely within the State of Mississippi, the only element lacking being the actual delivery of the whisky. On this point the court says: “It will be noted that the en tire transaction is closed in this State, and at the time of the re ceipt of (he order, save only the actual delivery of the whisky. Undoubtedly this is acting as agent of the seller in effecting a sale. Without his active inerven tion no sale could be cohsummat ed. lie acts without any submis sion of orders for approval, but conducts all negotiations, collects the purchase price, and directs the delivery. It is idle to quib ble over where the delivery, in a strict legal sence, occured, wheth er in this State or in Louisiana.” Better Salaries for Judges. Copying in part, what The Leader said two weeks ago on this subject, the Jackson Evening News savs: The News desires to endorse most heartily what The Leader says on this subject. As a gen eral proposition, the News be lieves that our judges and chan cellors are able and fearless and incorruptible, and the wondeHs that such able men can be secured for such salaries, for it is well known that many of them have given up a private practice that paid them far more money than they are receiv ing now from the State. It is not right to expect these gentlemen to give their en tire time and attention to affairs of so much moment without adequate remuneration. Missis sippi is no pauper to demand that these gentlemen work for so much less than they receive in private life. The legislature will do well to raise the salaries of the judges and chancellors and the News does not believe that there will be any kicking on the part of Um people who pay the taxes. CONVICT LEASING DEAD. THE DECISION IN THE SANDY BAYOU INJUNCTION CASE. Board of Control Was Not Leasing Lands bat Convicts, Says Chancellor Mayes. On Dec. 18th Chancellor It. B. Maves handed down his decision in the now famous Sandy Bayou injunction proceedings instituted by Gov. Vardanian against the Penitentiary Board of Control to restrain them from carrying out the contract entered into with lion. 11. J. McLaurin. We publish below the most vital part of Chancellor Mayes very able and lucid decision: First—In the arguments of tho case before me, counsel represent inor the defendants in the bill con cede that the Governor has the lawful authority to institute the proceedings in behalf of the State, and for that reason there need be no discussion of this point. Second—The main question in the case presented for my deter mination, according to my view of it, is as to the validity of the order of the Board of Control, and the contract made thereunder. In order to discuss this question it is necessary to set out in full the order of the board, and to give certain portions of the contract, which 1 will discuss. The order of the board is: ‘‘Kesolved, That the Board of Control work with the convicts for the year 1906, Sandy Bayou plantation, owned by II. J. Mc Laurin, and shall receive for their share of the crop and for the labor of the convicts $25,000 (Twenty five Thousand Dollars), which sum the said McLaurin guarantees to the State certain, and in all events, for said year. The number of convicts to be employed on same to average seventy, if so many be necessary to the proper cultiva tion and harvesting of the crops thereon.” It will be noted that the resolu tion of the board itself recites that the State is to receive for its “share of the crop” and “for the labor of the convicts, twenty-five thousand dollars, which sum the said McLaurin guarantees to the State certain, and in all events. for the year.” Pursuant to this resolution of the board, it entered into the fol lowing contract with McLaurin, after reciting that it was entered into on December 5, 1905, be tween the State of Mississippi, acting by and through its Board of Control, and II. J. McLaurin, viz: ;/ “First—That-tht: Board of Con trol has .agreed to work the plan tation in Shaikey county, State of Mississippi, owned by the said McLaurin, and known as Sandy Bayou, for the year 190G. “Second—That the said Board of Control shall pay to the said McLaurin foi the use of said plantation for said year, all the crops grown, raised and gatheied on said premises for said year, after the sum of $25,000 shall have been reserved therefrom, and the said McLaurin guarantees that the said crops raised on said premises shall amount to $25,000, and binds himself to the said Board of Control in that sum, promising to make up whatever the crops grown on the said prem ises may fall short of that amount. “Third—That the said Board of Control shall have absolute au thority over the labor employed in working said land, and that said labor shall be under the di rection of said board, and of all SEED TIME *®e experienced farmer has learned that some grains require far differ ent soil than others; some crops need differ enthandling than others. He knows that a great deal depends upon right planting at the right time, and that the soil must be kept enriched. No use of complaining in summer about a mis take made in the spring. Decide before the seed is planted. best time to reme dy wasting’conditions in the human body is be fore the evil is too deep rooted. At the first evi dence* of loss of flesh Scott’s Emulsion should be taken imme diately. There is noth ing that will repair wasted tissue more quickly or replace lost flesh more abundantly than Scott’s Emulsion. It nourishes and builds up the body when ordi nary foods absolutely fail We Wll send yoa a sample free. tBe sure that this I picture in the form y of a label is on the wrapper of every bottle of Emulsion SCOTTY B.OWNE CHEMISTS 409 Pearl Street NEW YORK 50c. and $1; all druggists • VV the persons appointed by the board. “Fourth-That the said Mc Laurin, in addition to the land leased and furnished by him, shall also furnish tho necessary mules and teams for working of said plantation, and feed for same, and shall also turoid) nil wagons and farming implements and planting seed. “Fifth—That the said Board of Control shall have said crops made, harvested and gathered. This act executed in duplicate.” The resolution of the board provides that the Stato of Missis sippi shall receive “for its share of the crops and for labor of the ! convicts $25,000,” and when the contract itself is stripped of all its verbiage and made to reveal just what it is. it is a contract be tween the Board of Control of the State of Mississippi to lease to H. J. McLaurin, for the considera tion of $25,000 paid to the Slate by McLaurin, seventy convicts for the year 1000, to be worked under State supervision, on tho private plantation of McLaurin, known as Sandy Bayou. This contract is this, and no mero phraseology, or adroit use of lan guage can make it anything else when viewed in the light of its plain stipulations, and the thing agreed to be done by the State and McLaurin. McLaurin is the owner of the land and the contract and the resolution recite that the State has leased it, and yet the lessor, McLaurin, the owner of the land, is the only one who agrees to pay rent. What is he paying the $25,000 to the State for? He is certainly not paying this sum to the State for the use of his own land. Then if hois not paying this sum to the State for the use of his own land, but is still paying this sum to the State for the use of something, what is it if it is not for the use of seven ty convicts to work this land “un der State supervision?” But this is not the only ob jection to this contract. Conced ing that this is a lease of the plantation and not a lease of the convicts as above stated, it is still violative of both the spirit and the letter of the constitution. The resolution provides, and the contract stipulates in express terms, that McLaurin shall have all that the labor of the convicts produce on the plantation, over and above $25,000, reserved to the State for the use of the con victs, thereby giving to McLau rin, a private individual, a direct interest in the labor of the con victs, a thing that is expressly prohibited by the constitution. If there is one thing in the constitu tion that is plain, it is that no individual citizen shall have any interest of gain or loss, individ ually, in the labor of the convicts. If there was one thing that the constitution aimed at. it was the humane treatment of its convicts, and the taking away from each and every individual of the com monwealth any private interest in the labor of convicts, thereby tatt ing away the inducement that any one might ever have to work them excessively and for the pur pose of gain to themselves, grow rich upon the sweat and blood of these unfortunates. Let us ex amine the sections of the consti tution bearing upon this subject, and it will be seen that this con clusion is inescapable. Section 223 of the constitution provides that “no penitentiary convict shall ever be leased or hired to any person or persons, or corporations, private or public, or quasi public, or board, after December 31, 1894, save as au thorized in the next section.” Section 224, which is the next section expressly referred to in section 223, says “the legislature may authorize the employment, under State supervision and prop er officers and employes of the State, of convicts on public roads or other public works, or by any levee board of any public levees,” etc. It will be seen by these two sections leasing the convicts to any private person is expressly prohibited by section 223, and when not worked according to the scheme outlined by this section, they can only be worked accord ing to section 224, which provides that they can only be worked on public works, and this under State supervision; and, as if to emphasize the fact that there can be no private interest in the con ripfc hn anv \ nrJ i trirl no 1 nf fi.p commonwealth, the same section of the constitution, a little further down, says, “but said convicts shall not be let or hired to any contractors under said board,” speaking with reference io any levee board on public levees. It will thus be seen that, even though the convicts may be work ed on public works, so careful was the constitution to guard against any individual of the com monwealth having any interest or gain in the labor of the convicts, that it prohibits the letting or hir ing of convicts to any contractor working for the board even on public works. But it was argued to me, and the contract and the order of the Board of Control both recite, that the Board of Control shall have absolute authority over the labor employed in working the said land. The constitution plainly says that there shall be no leasing or hiring to any priviate individ ual with nr witlinnt the Rnavd of Control retaining authority over the convicts, and'even though the order of the board retains this, it is none the less prohibited by the constitution. There shall not be created in any individual of the State even the inducement to co erce convict labor. There are just four of these sec tions of the constitution on peni tentiary and prisons. The mani fest purposes and object of all them looking to a more humane treatment of the convicts than had existed in the State when private letting was permissible. So cruel and inhumane had been the treat ment of the convicts, jn many in stance®, when private individuals were permitted to lease them, and thereby become interested in con vict labor, that the constitutional convention placed it in the funda mental law of the State that never again should private individuals become in any way interested, personally in tiio labor of the con victs, because this interest of per sonal gain led to all the cruelties that hud heretofore existed. To this end the State reserved to it self the dominion and authority over the convicts. It was the policy of the State to work them under guards, hired and paid by itself, the pay of whom was in no way dependent upon the produc tion of the convict. When it authorized them to be worked in any other way than upon the farms of the State, it was upon mi hi in wnrl’C ivhorn nn olnmonf of personal gain entered into the powers by whom they were worked and controlled, and even prohibiting them to be worked under any contractor of any board engaged in pub lic works, thus all the time guarding against the element of personal gain to any private per son, that which had proven to be a curse of the convict and a dis grace to humanity, if history cor rectly records the cruelties growing out of the private leasing system. The constitu tion aimed at prohibiting the wrong, and by preventing pri vate individuals becoming in terested directly in the labor of the convicts as a matter of person al gain to themselves, tear up and destroy any inducement that might exist in any member ol the bodv politic, to coerce the con victs, or any one having them in charge, to excessive labor. Any individual in the commonwealth is alike interested in the labor of the convicts but no individual of the commonwealth can by any contract, lawful under the consti tution of the State, separate him self from the body politic and obtain a special interest in the convict labor, over and above the interest of every other person, and if he does, the contract is void. Let us apply this to the con tract of Mr. McLaurin. All the interest in the labor of these con victs, by virtue of this contract, is transferred from the State to McLaurin. If Sandy Bayou makes one bale of cotton, the State gets its twenty-live thousand dollars; if Sandy Bayou makes 2,000 bales of cotton, the State gets the same. McLaurin is the only individual in the State that is interested in the production of these convicts, and their labor is a matter of gain or loss to him. The inducement to coercion is created by the con tract, and an interest given in the labor of the convicts. McLaurin has a common interest with all the public in the $25,000 paid and an additional interest in the labor of the convicts, not shared in by the general public, in that his profit on. the lands must arise from their labor. If a contract can be made that gives to the private in dividual an interest in convict labor, it thwarts and defeats the plain intent and letter of the con stitution. It is my judgment that any contract made, which leaves to the party from whom the land is leased, any interest in the con vict labor, is void as coming in conflict with sections 223 and 224 of the constitution of the State. If this contract had been a con tract to lease on shares, giving to McLaurin one-half the product of the place; or if it had given him one-twentieth of that produced by the convicts, or if it had given him any interest in the smallest degree in the labor of these con victs it is void. Even if the laws providing that a lease of the lands may be made are constitutional, the board must pay a stipulated sum for the lands; in other words, lease the lauds straight, out not giving to the lessor any interest whatever in anything produced by the convicts, or the lease is void, because in conflict with sec tions 223 and 224 of the constitu tion of the State.” The remainder of the opinion is a vindication of the Governor’s action in proceeding against the Board of Control to prevent it from consummating an unlawful and unconstitutional act. An appeal has been taken by the defendants to the Supreme Court, from the order of the Chancellor overruling the motion to dissolve the injunction, and proper papers have been executed for that purpose. Never Satisfied. The persons who achieve the greatest success, are those who never cease their best efforts. Some secure moderate means and never strive for more. Some cor porations never amount to much because they do not persist in building themselves up larger and stronger. The Mississippi Home Insurance Company realizes its popularity and strength, and is growing more rapidly than ever before. Having covered its home State it is spreading out over Arkansas, and next year, it will be doing business all over Louis iana and Texas. It goes after business, gets it, and attends to it promptly and satisfactorily. At the rate it has grown under its present management, in a few years it will be the wonder and admiration of those who organiz ed it twenty years ago. Mr. Ferd V. Becker is the agent in Brookhaven of this ex cellent old company. Stoves and Ranges—Dont’ fail to see L. D. Boadwee’s line be fore you buy, because you will save money by it. . L HEUCK’S THEATRE, FRIDAY, DEC. 29TH «> . <$> 1 FLORENCE DAVIS | SUPPORTED BY i E L L I O T T D E X T E R t | IN THE REIGNING COMEDY SUCCESS | 'the PLAYER MAID ! x ... ..■■■■ - ---_—— <? [EXCELLENT IN CAST AND EQUIPMENT | “A great actress and a great play.”—Richmond News-Leader. PRICES : 35c, 50c, 75c, and $1.00 | —_ FIGHT AGAINST C. 0. D. WHISKY. Prohibition Attorneys Decide on Plan for Extensive Prosecution. American Express Company and Liquor Dealers Both to be Handled. The attorneys engaged in the crusade against the C. O. D. liquor traffic have declared a war that will be carried to every sec tion of the commonwealth and continued with unrelenting vigor and determination until the traffic is thoroughly broken up in this State. This course of action was decid ed upon at a conference held last evening, and the developments that are soon to follow will attract more interest than any litigation that has heretofore been institut ed. In other words the attorneys engaged in the crusade have don ned their war paint. After the adjournment of the conference one of the attorneys outlined the following as the plan of campaign that will be followed: First: To pursue the Ameri can Express Company as the chief offender by suits in every county for the statutory penalty imposed on account of illegal sales. Second: To continue to sue the liquor houses for the penalties. Third: Unless the American Express Company refuses, like the Southern Express Company has done, to handle C. O. D. liquor, to declare the corporation a pub lic enemy and bring u.l the in fluences possible to bear on the legislature to cancel its charter and expel it from the State. A taxing measure will be proposed similar to that now in force in Ohio, to tax the company accord ing to its mileage in this State, proportioned to the total mil eage in the United States. Fourth: To press congression al action on the bill introduced by Congressman John Sharp Wil Hams to prouimc v. u. u smp ments. Fifth: To secure a State stat ute that sales of C. O. D. liquor are deemed made where goods are delivered. Sixth: To criminally prosecute the American Express Company and its agents who aid in illegal sales. Seventh: To prosecute the Harvest King Distilling Company for circulating obscene matter in the mails which appeals to the lustful passions of drunken ne groes, and leading to outrages that inevitably culminate in lynciiings. This is, in brief, an outline of the new plan of campaign. The fight will be waged in the courts, and out of the courts, in every section of the commonwealth where this traffic is being handled, and until it is wholly suppressed. —Jackson Evening News. “No paper next week” is the leading editorial in most of the country weeklies. The country editor, who usually performs every function around his office, from devil to editor, is well en titled to a good week’s rest, and the writer, who belonged to the weekly class for years, wishes all his friends of the quill a glorious /o • i 1 TT_XT_\7_ V/Liiauuaauuu iiappj xion Clarion-Ledger, 23rd. Stoves and Ranges—Dont’ fail to see L. D. Boadwee’s line be fore you buy, because you will: save money by it. I 1 C.B.PERKINS I *- * i Ranges g jg VVe sold il of the GREAT MAJESTIC RANGES last week.’ Not so bad considering the weather. * ' » T b if?* 1 fools | We are offering the greatest bargains you ever <jgT jg heard of in all kinds of Black Smith’s Tools, Bel= ^ lows, Anvils, Shop Tongs. Cold and Hot Chisels. e|p I Wire Now is the time to buy while we are selling it so cheap. AH wire fencing, Poultry Netting, Plain & Barb Wire, and staples at greatly reduced prices. Builder's Hardware Greatest bargains you ever heard of in Nails, Hinges, Locks, Butts, Door Bolts, and Sash Locks | Sash, Doors, & Blinds I *H> We unloaded a solid car load of them last week GK* *||§ and another car is due next week. Have all the §||* Popular sizes and we are selling them cheaper than ever. '¥& gW m —--» * ft * l_ gs* SOLD AND RECOMMENDED BY THE PRICE DRUG CO.* The Leader Goes into More Lincoln County Homes than any other Newspaper • / V PROFESSIONAL CARDS. drTtom McNair, KESIDEN1 ^HTfrr> DENTIST, Ol-Ftcr IN NftW LAUREN BULKIN!*, (Next door to Loader Office) liKOOKHAVKN’, - • leetli extracted, lilled, or new set* made a< cording to I at '-■ * t Improved method* and ap pliances of the prof ml* ton. frown and ml ^ ■■ nrk and Irandsomu artificial *ei* a .pec -r. All work guaranteed to give satiisfac.no • a ; maltn and (Otcna. L>ii. T. Y. NELSOaN, Physician and Subgkhn, Brook haven, Miss. iiflice: llrnokhaveu Drug Co,'s Store, lelo pnoue No. 175. Dk. j. t. walker, P II Y 8 I C I A N AND S V K fi K f > N . OFFICB IN UHSKN MJILOINC. Brookhaven, Miss. Kesldence Phone No. Olllce I’iione No ,.n Dr. HENRY FLOWERS, Physician and Sc r g e o n , Brook haven, Miss. Diseases of the ye, Ea-, Nose and Throat a specialty. Spectacles lilted scientifically. Olllce: C. E. Grafton Drug Co., Phone 31. Residence Phone No. 232. Dr. JOHN PURSER, Physician and Surgeon, Brookhavcn, Miss. ST CjII up Phono No. 130 or Price Drug Store. MISS ANNIE MAY SEAB, Ora du ate N u rs e , Phone 84. Brookbaveu, Miss. Will practice in lirookhaveu and uelglihor ing towns. dec 2 J. N. YAWN, Attorney At Law, Bogue Chitto, Miss. Will practice In all the Courts of Unooli. adjoining counties. R. D. LANIER, Attorney At Law, Brookhaven, Miss. Will practice In tne courts of Lincoln an<l ad joining counties. Office in Mlllsaps Building. M. McCullough, Attorney At Law, Cassedy Building, Brookhaven, Miss. Telephones: Office, 59-3; Residence. is?. F. E. EVERETT, Lawyer and Real Estate Act. Cassedy Building, Brookhaven, Miss. P. Z. JONES, Attorney at Law, Cassedy Building, Brookhaven, Miss. Office Phone No. 128. Residence Phone No. 187. Geo. C. Hoskins Civil Engineer and Real Estate Broker, 17 N. R. R. Avenue. Phone 33, Brookhaven, Miss. BRENNAN & HANNAH, Attorneys At Law, Real Estate & Investment A"'Is. D Brookhaven, Miss. Will practice in all the courts of Lincoln and adjoining counties, and in the Supreme ami Federal Courts at Jackson, Miss. Heal KsUte bought and sold and titles carefully abstracted. Office: Up-stairs in St. Marco Buflding. rooms Nos. 4 and 5. Opposite the passenger depot. 3. 0. BO^DfflEE, At the old stand, opposite Desot, BROOKHAVEN, MISS. PRACTICAL TINSMITH AND SHEET IRON WORKER. Smokestack?, Breeching, All Kinds of Galvanized Iron Work, Stove P pes and Well Buckets. A lar*te v irie y of Stovo3 and Heaters ia stock. ALL JOBS EXECUTED PROMPTL> W. H. Penn Oeneral SgS® WAGONS AND BUGOIES REPAIRED AND PAINTED AT LOWEST PRICES. QUAD■ CORNER MONTICELLO OUV/r . AND SECOND STRBBTS. WHITE’S Dream Vermifuge THE 6UARAHTEED WORM REMEDY VHE CHILDREN’S FAVORITE TONIC. BEWARE OP IMITATIONS. TH( GENUINE PREPAREO ONLY BY Ballard-Snow Liniment Co> •T, LOUIS, MO. For Sale and Recommended by Price Drug Co. FOLEY’S HONEYmTAR The original LAXATIVE cough remedy. The genuine FOLEY’S HONEY and TAR U in i Yellow package. Refuse substitute.. Prepared only by Foley * Company, Chicago. SOLD BY PRICE DRUG CO. ) . .