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COTTON CORNER CRIMINAL
si I'Kfr Ml ( (H It I It. NDI 1^ M
i im<?\ \<. \i\nt t orn?
S|*? ul?tl\e i oinhiiiMtlon? to Corner
and \d\anee IVI?^?-? of Inter-State
i ommotlitltViolate the Sherman
iMm?Patten. s<ale?., Hayn?' ami
Hrown Munt Stand Trial for Tiding
lo Comer Cotton.
Washington. Jan. ?. -Tin supreme
court of the United states t? day laid
down the far-reaching principle that
??oornerw" of Interstate commodities
?sea as articles of clothing and food
are In violation of the Sherman anti?
trust law and held that as far as *he
Sherman law wui concern*d. the in
dlctment In the New York federal
court of James Patten, Kugen, (J.
?cedes. Frank H. Hayne and William
P. Brown for "conspiring to run an
alleged cotton corner" was valid. The
ease against them was sent hack for
ixjej or other proceedings.
Jvstlce Van Devanter announced
the opinion of the court. Justice
Lurton delivered a dissenting opin?
ion In which Chief Justice White and
Justice Holmes concurred. The ma?
jority of the court held that the cir?
cuit ceurt for southern New York had
decided that the Indictment charged
withholding" of the cotton from the
market, a necessary element of a cor?
ner as admitted by the government.
The minority held thut the circuit
court had found the indictment did
not so charge and for that reason the
Indictment eras fa. 't>.
According to the Justice, the cor
rtctness of the h iding of the circuit
court to the indictment charging
"withholding" and as to the suffi?
ciency of the indictment on other
technical points, has to be accepted
at this time without question by the
sapreme court. The points thus left
undecided today may be made the
basis for bringing the case to the
court again If the defendants are con?
Solicitor General Hullltt, who 1
sented the government's side of the
case. Issued a statement after the de?
cision In wh>ch he sold at last a way
had been found to stop the running
up of prices by men who sought to
corner the market not only of gating
Vat wheat, corn, lard and other com?
In hit opinion. Justice Van De van
ter dealt at length v?lth?the defense
that the accused men were not an>
ssged In interstate commerce.
"The first section of the act up n
which the count* are ? imb d," sa d
he, "is n<?t < to \oluntary re?
straint, as where person* engaged in
Interstate trade or commerce agree
Co suppress c >n among them?
selves but Includes as well . Involun?
tary restraints, as where pet sons not
so engaged conspired to compel ac?
tion by others or to create artifh ial
conditions which ne.c->s.i ? dy imped*
or burden the du ?urse. of such
trade or commerce or restrict the
common liberty to engage therein."
The Standard Oil case was quoted
In support of this decree.
Officials claim this language will
materially strengthen their tight
against combinations violating the
Justice Win l'* vanter replied to the
argument that running a corner stlm
ulaten Instead of restraining trade by
showing that this might be true for a
time but that the corner was forbid?
den by the law because It thwarted
the usual operation of laws of supply
and demand, withdrew the commod?
ity from the normal current of trade,
enhanced prices und produced practi?
cally the same evils as the suppression
of competition. He said the statute
did m?t apply to corners of pu.h
Intrastate trade n*?r where the effect
upon Interstate trade was indirect ami
ad.ted that In the present ease the
trade was not Intrastate and the ef?
fect was not Indirect
"It was a conspir e y to run a cor?
ner In the market." he said. "The
< omniodlty to be cornered was cot?
ton, a product of the Southern States,
largely used and consumed In the
Northern States It was a gejhJSSt el
Interstate trade. The corner was to
be conducted on the cott. n SW hang*
In New York city, but by means whi h
would enable the conspirators t*? ol?
taln control of the available supply
and to enhime the price t" all hav?
ers In every market of the countrv.
"Hvarlng In mind that such was
the nature, or object and scope sf
the conspiracy we regard it gJtSfjetha
plain that bv Ma aafWSSafl spstatlaa
P would dlr-ctly and materially mi
pe^le ami burden the due gacjTSi of
? rade and commerce among the Statt
Sjgjd th"ref*?re Intll* t UDOS the public
the injuries whi* h the igstl I sat net
Is designed to prevent.
The court said it m ob go differ
eaee that there was no allegation of
a specific Intent t* restrain Intt istate
tmde. "The se^gsptratsfi must bs
held to have Im- mb I the f -
and din - t SSnSSgUSartl of Ihelr int?
end rnn not be head to say to tin
contrary.' JnSSJee Van DarantSff e\
Patten, ?eales. 11 ?ym and BfOWS
Wtfi in? 1 it t. d in New York on charges
Of conspiring January 1, 1010, to 'cor?
ner" cotton h] rittnsivt buying on
th< N- w York OOttOfl SXhangO, anil
?g ? moult oi \ inch the prloti would
11 taataosd ami ultimately become
I I'itrary and excessive. The con?
spiracy was described as calculated
to yield $10,010,,i. in profits.
TIm alleged violation of the Bhor
m in law was set forth In the Indict
Hg tn tight different ways, as
many counts, the defendants being
liab|,- to trial on any one. 15? fore the
defendants could he plated on trial
the 1'nlted States circuit for southern
Neu York held insulflcient four
counts, as not stating an offense. The
gWVOmniOnt ai>pealed from that de?
cision to the supreme court because
of similarity in the four counts held
insufficient, the controversy in the
supreme court narrowed down to the
validity of the third and seventh
The third count had been attacked
successfully as Insufficient because it
merely stated an alleged conspiracy
to buy cotton and omittjed to charge
agt cements to withhold cotton or to
sell In any particular manner. The
lower court said the defendant! were
not charged with "power" to con?
trol the market. The seventh count
was the on>* specifically charging the
defendants with "running a corner"
on cotton futures.
The lower court held tbat such a
corner did not produce effects direct
enough on interstate commerce to
bring it within the Sherman anti?
Justice Van Devanter, in announcing
the opinion, said the supreme court
at this time, under the law, was not
authorized to review the lower court's
construction or in erpretatlon of the
indictment as such, but only the lower
court's interpretation of the statutes.
Therefore, he added, the court passed
by those points raised by the govern?
The justice said that the govern?
ment had conceded In arguing the
case that in order to effect a corner
the-, must be a "withholding from
sale of cotton bought and, therefore,
the controversy turned upon whether
the indictment charged a withhold?
As to that point, the ?eeisioo of
the lower cant could not be reviewed
at this time, the justice added, though
the Unding might bi reviewed If the
wer.- proceedi d with.
At grosonl the decision of the lower
court on this point must be accepted
as OOrrOOt, he said. He then passed
lO the holding of the lower court that
running a ?corner" was not a viola?
tion of the law. because the restraint
1 is too indirect and not voluntary.
We hold that the restraint need
not be voluntary, but in the light of
?\\ Standard OH oaas may be Involun?
Justice Van Devanter said that the
Injury to the public was the sain,
whether the effect was voluntary or
JustiOS LurtOfl announced a dissent
ing opinion, in whicii chief Justice
WhitS and Justice Holmet concurred.
The case will now go back to the
I'tdoral court of southern NSW York
for trial or other procec ings. The
At < ision of the supreme court settles
Ins Important Question that a corner
Of any commodity is a restraint of In
State BOmmsrOS, and may be a vio?
lation of the Sherman anil-trust law.
Today's docialon does not determine
the QUtStiOl of guilt of Patten or other
defendants, but sends the case back
to the lower court for trial on the
facts with the important principle of
law established that if ? corner In
cotton Is proved, the Sherman statute
in his opinion. Justice Van l>evan
"It well may be that running a cor
r.( ; ti nils for a time to stimulate com?
petition, btti thl>< does not prevent It
f om being forbidden restraint, for ?t
also operates to thwart the commodity
from I he normal current of trade, to
enhance the price artiflcally, to harn?
per USeri and consumers in satisfying
lh< ir needs, and to produce praottcall)
the same evils as does to luppresslon
Solicitor General Bullttt, who ar?
gued tin cast fof ths government
made this statement today in regard
to the decision:
"Uy this decision the supreme
court has shown a way to stop 'cor?
ners' and to punish gambling specu?
lator! who attempt to run pools and
dealt and 'comers1 In wheat, cotton,
lard, cor n. lard and stocks on the biu
boards of trade and stock exchange!
of ib.-< country. The Sherman anti?
trust law li now an effective and pow ?
erful instrument to stop tie- running
up of pi ices by men who try to cor?
ner the market, for Injunction pro?
ceedings can be broughl to stop the
deal before it has bei n fully carried
out. Congress and Btnte legislatures
hiv? for years been vainly trying tu
pass laws to stop BUCh cormis, and
now the Sherman law Is shown to be
a proper and effectlvi method to
reach the evil without In anywl o In
I terfering with legitimate talei for fu?
ture delivery, whether 'long' or
I 'short.* "
ACTION TO DISBAR B. B. EVANS
LYON PRESENTS ALLEGATIONS
TO SUPREME COURT,
charge* Columbia Lawyer, candi?
date for Attorney General In Lair
Primary, with Various Wrongful
Acts and with Uttering of false
and Malicious Statements Con*
renting Certain Cltlsem pf Saluda
Columbia, Jan. (j.?Attorney (Jen- j
era! Lyon this morning brought to i
the attention of the Supreme Court 1
of South Carolina alleged acts of
Be nard B. Bvana, a member of the
Columbia Bar, and asked the Court
to take such notice of the matters
stated as deemed wise. The action is
Considered the beginning of proceed?
ings to disbar Mr. Evans.
Th Supreme Court took the papers
and the matter under advisement.
In the petition of the Attorney Gen?
eral, which was tiled with the court
this morning, in its original jurisdic?
tion, it is alleged that Barnard B.
Bvana slandered Sheriff Sample, Sen?
ator t'rouch and Eugene Able, all of
BalUdSi and collected certain moneys
which he failed to turn over to the
proper parties, and forged the names
of two Edgefield citizens to notes ,
which were discounted at a Columbia
Barnard B. Evans was an opponent j
of J. Fr?ser Lyon in the race last sum- i
msr for Attorney General along with
J. U. Barls and Thomas H. Peeples,
the latter defeating Mr. Lyon in the
second primary. The charges which
Mr. Evans made against Mr. Lyon and
the bitterness and boldness with which
the latter denounced Mr. Evans as a
"forger and liar" stirred the whole
State am. made their race second only
in point of interest to that between
the candidates for Governor.
After reciting the fact that liarnard
B. Evans was .admitted to the practice
of law on December 10, 1902, the peti?
tion of the Attorney General alleges:
That a check for $198.99, drawn on
the Union Savings Bank, of Augusta,
G c, by J. Frank & Son. in favor of
George L. Salter, of Saluda, in October,
1'.?<???, and sent to U. B. Evans, attorney
for Salter at Saluda, to be delivered
to him, was endoised by Evans as at
t< rney and the proceedi never turned
over tu Baiter; that thereafter upon
demand of Salter, Prank & S??n paid
to him the sum of $198.99. The affida?
vit ??f George L. Baiter and the orig?
inal Of one letter that paSSed between
George R. Rembert, of Columbia, and
lt. W. Crouch, of Saluda, in "regard to
this matter and copies of nine other
letters passed between the same par?
ties are attached to the oomplalnt.
A copy of the Indictment returned
against i:. B, Bvana for forgers by the
giand Jury of Saluda County in De?
cember, 1908, is attached to the peti?
The collection Of an account of the
Murray Drug Company against T. E.
Bates for $108, through B, B. Evans at
Saluda In 1900, whic h, it is alleged,
Bvana never turned to the Murray
Drug Company( is recited, and w. .).
Murray and J. Nelson Prlsraon are
named as material WlUlSSSSS,
The ( barge made by 11. B, Bvana in
the campaign last summer to the ef?
fect that sheriff B. ii. Sample stole a
certain receipt from his office In Salu?
da, and his other Charge! against
Sample, together with a statement
?Igned by cltlsem of Baluda denying
the charges against Sample, are re?
ferred to and made a part "f the com?
The petition says that the charge
agalnat Sheriff Sample was With "Ma?
licious intent" and that Evans, when
he made them, knew them "to be ut?
That complaint also alleges that
B, B, Evans, at the Bpartangurg cam?
paign meeting last summer, did
' falsely and with malicious intent"
make a statement concerning B, w.
Crouch and B, W. Able, of Saluda,
that if the Aetna and Hartford Fire
Inaurance companies had done their
duty Messrs. Able and Crouch would
be behind the bags as incendiaries;
that < ne of the persons was caught In
the act and compromised and tin- oth?
er destroyed the libraries of all the
layers in Saluda, ami the language of
the complaint continues; That on
said occasion he further referred to
the said B. W. CrOUCh '"'I E, W. Abb?
as blind tigers, thieves and incendiar?
ies, well knowing the said statements
to !>?? utterly false."
McDavld Horton, of the Columbia
State; Wyatt \. Taylor, of the Col?
umbia Record, and L. H. Wannamak
er, Jr., of The News and Courier, who
reported the Spartangurg meeting for
their respective papers, are given as
m il. rial witnesses to prove this
Anothet pan graph of the complaint
I sa s: ?"That the reputation of the s.iid
Iturnurd It, F\an> for honesty, fair
dealing, uniform truth and veracity is
had; n Is believed thai various mem?
ber! of i he Columbia Bar will testify
t<. the correctness of the above
it is .dl. g< ii thai R. II. Evans, In
l s'in nnd 189!*, discounted two notes
!at the Carolina National Rank, one
for $160, tu which, it is alleged, he
Forged the name of J. l>. Allen, of
Bdgefleld, and one of an amount not
named, to which, it is alleged, he for?
ged the name of L W. Reese, <?f
Bdgefleld County, it is charged that ,
when action was brought by the bank
against the alleged signers of the
notes, the alleged fact as to Evans
forging the signatures was establish?
ed. Certified copy of judgement ruli
in Allen case is attached to complaint
and as to second note. L. W. Reese,
W. A. Clark and Willie Jones are giv?
en as material witnesses to the al?
It is charged that B. B. Evans,
while acting as agent for the Ameri- \
can Bonding and Trust Company, of '
Baltimore city, collected money on
premiums of bonds issued by this
company from various people and j
failed to turn over to the company the i
sum of $264.87 thus collected. A
copy of the judgement obtained by
BUCh company against Evans in the j
Richland County Court is attached.
Attorney General Lyon, in closing
his petition, says: "That the certified
records herein referred to, as well 1
as the letters and copies of letters, to- j
gether with ail other information con?
tained herein, have been put in the
hands of your informant at various
times during the past two and one
half years, and he has, on account of
having been ingaged in a political con?
test with the said Barnard B, Evans,
hesitated until this time to bring
these matters to the attention of this
honorable Court, but now finding that
there is probably no other manner or
means by which this honorable court
may be put in position to take notice
of the facts herein this information Is
"Wherefore your informant prays
that the Court may take such notice
of the matters and things herein
stated as they deem proper."
DEPUTY WOUNDED FARMER,
.lames Fowler Shot and Seriously
Injured by Boh Smalls on Farm
Mullins, Jan. 7.?James Fowler,
deputy for Magistrate Harrellson, was
shot this afternoon about 1 o'clock
by Bob Smalls, a white tenant on
James Norton's farm, near Mullins.
Mr. Fowler went to Smalls' house
to serve a distress warrant. As soon
as he made known his business,
Smalls, it is alleged, ordered him off.
Deputy Fowler replied that he was
armed with the law and that he had
come for the purpose of closing the
business. Smalls went into his house
and returned with his shotgun ami
fired. The load of No. ?i shot entered
Mr. FoWler'l right leg just above the
groin indicting what the doctors fear
may prove a dangeroVI wound. The
wounded man was carried to tiie hos?
pital in Florence tonight for treat?
i At dark Smalls had not been cap?
Istants to Kemain.
Tuesday was spent by the new mem?
bers of Sumter County's official fam?
ily, Sheriff J. EC. Bradford and Clerk
il. I.. Scarborough, in going over and
( becking up the retiring officials'
books, receipts Icing given when
everything was found to be correct.
There will be no further changes than
the heads in either office. In the
sheriff's office Mr. John Epperson will
continue Deputy Sheriff and Mr. I>.
W. Owens jailer. Mr. Scarborough
will make no changes in his office. He
will appoint someone in the court
hi til to act as deputy for him for th">
present and Will later appoint a
deputyy, if he finds it necessary to
in a bowling match in the V. M. C.
A. tourney held Monday night the
Blues defeated the Whites in all three
games, piling up a majority of 'J 1
l ins over their opponents.
MOVE FOR JIM CROW LAW,
Concentrated Effort Looking to Race
Legislation in i>i>ttict of Colum?
bia Takes Definite Shape,
Washington, Jan. ?A concerted
movement looking to the passage of
a law prohibiting the marriage of
whites and negroes and the operation
of "Jim Crow" cars in the District
of Columbia took definite shape here
tonight, when a number of congress?
men, including Frank Clark of Flor?
ida and J. T. Heflin of Alabama and
others, addressed a meeting of Wash?
ington citizens on the subject.
Billl are now pending in the house
introduced by Mr. Clark, to force the
Street railway companies to operate
"Jim Crow" ears and Mr. Rodden
berry of Georgia to prohibit the in?
termarriage of the races, and it is to
keep interest in them aroused that
the meeting was held tonight.
About two weeks ago a well known
white woman was knocked down, not
far from the capitol, and left bruised
and bleeding by a negro, who was
subsequently caught and is now being
tried in the district courts. Accord?
ing to those interested in these mat?
ters, something should be done at
onc e to put bills of this kind into ef?
fect without further delay.
Xumber of Sales Made on First sales
day el New Year.
The Master's sales Monday, the ^
first saksday of the new year, were |
very much more numerous than I
usual, the following being recorded j
during the clay.
Master to J. J. Britton, tract of 4 4
acres in Concord township, $1,705.
Master to J. H. Clifton, lot on
I Williams street, $75; lot of one-eighth
(acre near old cotton mill, $75; lot
[ near cotton mill, $126.
Master to W. B. Boyle, tract of 225
acres three miles north of city, $7,
Maste r to D. D. Moise, 21 3-4 acres
in county, $110; right, title and in?
terest in tract of 14 3-4 acres, undivid?
ed 1-3 interest in tract of 12 acres,
and right, title and interest in tract
of S acres in county, $50.
Master to Leo ft Moise, attorneys,
tract of 21.1 acres in county, $200.
Master to I. C. Strauss and L. E.
Wood, attorneys, tract of 10$ acres in
Master to I. C Strauss, attorney,
tract of 2.5 acres. 7.5 acres, right,
interest and title in 5 acres, and right
interest and title in 2 :'.-4 acres in
Mast?r to J. H. Clii'ton attorney,
tract of 25 acres in Batting Creek
township, $4 5.">.
Master to John I?. B e, attorney,
tract of 77 1-2 acres on Wateree river,
$ 15 a.
Master to B 1?. Jennings, attorney,
[tract of ;'.'? acres in Statcburg town
I ship, --?".
Master to Betty Lowry, lot in town
J of Mayesville, $i<>0.
Master to B. J. Bland, lot near city,
Master to B. 1>. Jennings, att u m-y,
lot in city, $100.
Master to W. l. Whltehead, one ac re
lot on North Main Street, *$00.
Master to Davia I >. Moise, lots on
Brooks street and on Central street,
Master to Davis i). Moise, lot on
corner of Edwards and Ingram
Master to B. 1 >. Jennings, attorney,
lot on Hampt. n avenue, S100.
Master to j. n. Clifton, attorney,
two lots in southeastern part of city,
7 7 5.
The split log (hag would prove of
Immense service to the city just at
this time, if it were used on the
streets before they are cut up too bad?
ly for it to prOVe effective.
PRESIDENT GETS (.OLD MEDAL
For Services D?ving to Jewish
i 'aase?Makes Speech.
Washington, Jan. tf.?President
Ts t was the host at a luncheon in
the Whit. House today to the execu?
tive committee of the B'Xai R'Rith,
which pn i nted to htm a gold medal
awarded i 'in as the person who con?
tributed n 1 st during 11*12 to the "wel?
fare of tie Jewish cause." After the
presentation of the medal, the Presi?
dent made i short speech. He said,
"Upon the Jewish people it is not
necessars for me to pronounce euio
gium. in their pride of their ances?
try, thos. ^,f us who are not of the
Je wish people have to be humble. The
genius, the strength of your race, the
patience and the persistency with
which you pursue your purpose to
maintain your rights and exalt your
race make .ours an exceptional his?
tory of the world. The persecution
to which you have been subjected be?
cause of your religion has, in a sense,
doubtless de veloped the character
and tenacity of your race, but it needs
a free country like the United States
to develop the flower and enable you
to show to the world at large that
wonderful capacity of the race as
1 supporters of law and order, in a gov?
ernment of freedom and a govern?
ment that irsists upon equality before
j the law.
j "There is not any doubt but that a
race like yOnrs, as civilization goes on,
will forge .'self to the front and over?
come the inequalities and persecutions
I that unfortunately continue and exist
j in $:ome countries. This is as certain
! as the day, and it is a great satisfac
, tion that this movement of the Jews
upward and onward, to complete the
world-Wide recognition of their merit
and to so< si justice everywhere, has
had its most successful impulse in
MONEY I <<)(>!> IN MAY YORK.
Rate Fall? to BcJosr 3 Per Cent as
Result e l Plenitude of Currency.
New fork, Jan. 7.?Money is
pouring Into New York in such enor?
mous volume that the clerks in the
large banks are working past their
usual houri to handle the golden de?
luge. At the treasury offices the
strain upon employes is especially
heavy ami men are at their desks un?
til late into the night sorting out
the Unit? i States notes and gold and
silver ce tificates handed in for re?
demption Currency is coming in from
all di " ion?. especially from th3
Middle V * st and South.
An influx of money is usual at this
season, a hen large sums sent to the
interior -a the fall for crop moving
are r? le >sed and millions disbursed
on Janus y in the heavy first of the
year lnt< rest and dividend payments
are returned to the usual channels.
The tension in the money market of
the lattel part ??f last year has dis?
appeared and today call loans were
made : 1 under 3 per cent.
Pres? it condition in the money
. market u d the4 recent sharp rise in
? foreign exchange rates were reflected
today in the arrangement e-f the first
exportation of gedel in many months,
one mlllU 'i dollars in gold bars hav
j ing be. a engaged for shipment to Eu?
re, pe on Saturday. The bankers who
made this announcement said that
several million dollars more would
j be enga- ? d during the next few
The county hoard held its regular
month!) meeting in the- supervisors
office T. esday. The annual joint
meeting with tin." legislative delega?
tion, at which matters relating to
county legislation will be discussed,
will be held en Thursday.
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