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Liquor Selling Held Not to be a
State Function, and the Monopoly
the State Has Held in the Business
Through Dispensaries, is Ended—
The Opinion an Exhaustive One.
•Richmond, Vn., Sept. 16.—Cover*
, lng every phase of the South Caro
lina dispensary case, In an exhaust
ive opinion, which deals with the
broad question of state’s rights, the
United States circuit court of appeals
handed down an opinion today fully
sustaining Circuit Judge Pritchard In
the appointment of receivers to wind
up the affairs of the liquor monopoly
long maintained by the Palmetto com
monwealth.
There was no dissenting opinion.
Chief Justice Melville W. Fuller and
Judge Edmund Waddlll, Jr., sustain*
lng the law as propounded by Judge
Boyd. As counsel for the state, M.
W. Stevenson, of Bennettsvllle, S.
C., asked for a stay of Judgment In
order to prepare an appeal. He want
ed sixty days, though the court
•greed that the document could be
prepared and filed within forty days;
that much time being allowed.
Long Fight Over Dispensary.
The decision is a matter of para
mount importance In South Carolina,
where the dispensary has long been
the object of attack. Its failure to
eerve as a temperance measure,
along with charges of graft, caused
revulsion of feeling, which resulted
\> In the passage of a law to abolish It
as a state Institution, at the same
time permitting towns and counties
to decide by popular vote whether or
not they desire to retain it under lo
cal or county management.
The decision is a voluminous one,
and holds that the proceeding is not
a suit against the state, and that the
complainant Is not forbidden to main
tain his action by the eleventh
amendment of the federal constitu
tion.
State and Liquor Business
It holds that the framers of that
amendment to the constitution never
conceived that a sovereign state
could engage In the liquor business
and become a trader by buying and
selling an article of common traffic
In competition with the citizens of
the country. The court questioned
therefore, whether the state was ex
ercising a governmental prerogative
or performing a function necessarily
or properly Incident ito Its autonomy
as a state.
It declared that the fund in con
claims it should be paid from, being
In (he hands of the commission charg
ed with the duty of abolishing the
dispensary, the state has no interest
In so much thereof as is necessary
to pay the Just debts. The members
of the commission, according to the
court, hold the funds In trust for
payment of all Just debts of the
sate dispensary and the creditors of
the dispensary “have a property in
terest in the funds in the hinds of
the commission to the extent that
the debts are shown to be just and
a judicial determination of (he true
amount of such debts can in no way
affect the rights and interests of the
state.”
The suit, said the decision, is not
against the state, nor is the state
an indispensable party.
“Treating the funds in the hands
of the appellants as a trust fund,” It
adds:
“And the duties of the trustees be
ing clearly defined, the trustor is not
even a necessary party to a suit
brought to compel the trustees to dis
charge their duties. Their position
appears to be that the agents and
preeentatlves of the debtor should
constitute a tribunal absolute la its
dharacter to arbitrarily pass upon,
what, if anything, Is due an alleged
creditor and if a claim be adjudged
invalid without further opportunity
for redress on the part of the credi
tor. To uphold such a contention
would be to deprive such a creditor
of his property without due process
of law.”
The court says regarding the elev*
enth amendment:
“Undoubtedly the eleventh amend
ment was intended to prevent the
federal court In suits prosecuted by
the citizens of another state or citi
zens or subjects of a foreign state
from interferriag with a state In pre
servation of Its autonomy In main
taining its own system of self-govern
ment, so long as such system Is !n
harmony with the constitution of the
fan Rally In Sa
vannah Tomorrow Night
United State,. To this end therefore, . In the Person of D. F. Roberta, who i ' * ♦ wce
.m _ .... have ceiiffTif rfca man wh. ence 'League is salnln&r trrnnml avato lead
held by its officers or scents for nse
In the administration of the govern
mental affairs of the state aro not
to be affected by the process of the
federal court nor can an action which
has for Its purpose the Invasion of
rights of the state to manage and con
trol Its Internal affairs or of an ac
tion which will obstruct the state
authority or Impair the state Instru
mentalities in the discharge of legit
imate functions in the maintenance
of the state’s Integrity.
The court held that while the com
missioners were empowered to In
vestigate the transactions, they
were not empowered to determine
any issue of fact, enter any Judg
ment, etc.
Referring to the opinion of the su
preme court of South Carolina that
suit against the dispensary com
mission was a suit against the state
today’s decision refuses to adopt
that construction,
dispensary board
D. F. Roberts Arrested, Accused of
Being the Man Who Stole $2,000
In Clearing House Certificate* from
the Screven Houee—-A Convict
Trusty’s Nervy Thefts.
Savannah, Go., Sept. 17—When
Hon. Joseph M. Brown, Democratic
nominee for Governor of Georgia
reaches the city tomorrow morning
to be the guest of the Bryan Demo
cratic Club lie will be met at the de
pot by a distinguished company of
Chatham county Democrats and es
corted to the Pulaski House which
will be his headquarters while here.
Mr. P. A. Stovtall, president of the
Bryan Club, will head the delegation
of citizens to tffeet the distinguished
visitor. At noon there will be a re
ception to the candidate In the Cham
ber of Commerce 109ms end In the
uteniobn Mr. Brown will be given
a ride over Savannah’s famous auto
mobile roads by Judges J. M. Dixon
and A. B. Moore, member, of the
county commissioners of Chatham.
The Democrats of the city will as
semble at the hall on tomorrow night
to greet the distinguished guest,
hear him speak and also hear some
local orators. There will In addition
be a series of canned talks from the
peerless one.
Roberts Accused of Stealing $2,000.
In the person of D. F. Roberts, vpho
at this he was given a sentence ag
gregating 18 months on the gang. He
escaped again yesterday and stealing
* horse and buggy went on a tour
of thieving. He visited the hand
some home of S. p. Shotter. the mil
lionaire naval stores .exporter, but
there were so many people about he
couldn’t steal anything. Driving In
to the city he stole a watch from a
hpuse he robbed enroute. He then
went to the home of J. H. Knlckle,
$ colored attorney, and climbing
through the window begun to array
himself In Knlckle’s bra A clothes.
He was seen to enter the house by
• detective who went In and as Hun
ter fled through a window .he was
shot In the hip. He is now In Jail.
The buggy he appropriated to his
own use belonged to the Southern
Bell Telephone Co.
Them to Pass Convict
and End Extra Session.
have caught the man who some
months ago got $2,000 In clearing
house certificates from the clerk of
the Screven House. The certificates
belonged to B. B. Gray, of Plnebloom,
Ga. He had deposited them with
the clerk while he went Into dinner.
The clerk gave n man now thought
have been Roberts, Hie wrong
valise and the man made a get away
with the securities. He was picked
up by the police a few days ago and
recognized by the detectives as the
HEARST HAS A PIPE DREAM.
Says he Expects to See Yancey Car
ter Elected Governor of Georgia.
Louisville, Ky„ Sept. 10.—W. R.
Hearst arrived In I.oulsvilte yesterday
from Birmingham, after concluding
a tour of the South. He will be Join
ed here tomorrow by Thomas L. HIs-
gen, candidate for president on the
Independence ticket, and John Tem
ple Graves, candidate for vice presi
dent, who will speak in Louisville
tomorrow night. Mr. Hearat Is also
expected to make an address.
Mr. Hearet said the Independence
League had great strength in the
South, and that he found the South'
ern people far more Independent
that be though they were. Then
Mr. Hearst made the statement that
he expected to see Yancey Carter,
the Independence candidate for gov
ernor, elected In Georgia.
"We will get more votes In the
state of New York than the demo
cratic national ticket will get,” said
Mr. Hearst.
“Will you carry the state,” the re
porter asked
ence Teague It gaining ground every
day, and we expect to win.”
Mr. Hearet briefly discussed the
situation In New York, and said tho
Independence League would hold a
convention there after the demo
crats and republicans. "In the event
that. Lieutenant Governor Chanter Is
nominated for governor of New York
by the democrats, will not the Inde
pendence League support him?” the
reporter Inquired.
"The Independence League will not
Conference Held at the Mansion
Last Night at Which the Members
Were Strongly Urged to do Some
thing at Once—Extra Settion haa
Already Coit the State $50,000.
Atlanta, Ga., Sept. 17—Faced by
the probability of a four weeks' ex
tra session of the Legislature with
out result, Governor Smith had the
principal leaders of all the contend
ing Legislature factions meet him at
the mansion last night for the pur
pose of trying to reach hn agreement.
He pleaded with them to come to an
understanding, pass a bill and ad
journ.
The Governor Is anxious that the
Legislature complete Its work In
other day, and he evidently fears the
political consequence of the squab
ble which has already cost nearly
$60,000.
It Is reported that he haa ceased
all talk of vetoing a hill If it does
not meet with hla views on Import*
ant features of proposed convict leg
islation and Is only anxious that the
work be finished and the expense
stopped.
Something Must be Done,
When blandly Informed by a lead
er of the House majority today that
unless something was done this
week, nothing would be accomplish-
ed, he declared that tble would nev-
two frivolous resolutions read, Md
adjourned until today. Tho Hoots
met. heard the new bill read a second
time, and adjourned In less than
thirty minutes. Mr. White, bf Scre
ven, offered a resolution providing
that the . two Honses adjourn sine
die not later than 4 p. m. Friday. It
went over for one day.
Many Contradictions.
The penitentiary committee re.
sumed consideration of the new hill,
and after nn hour or two of such
work decided to refer it to s. sub
committee to straighten out. It Is
alleged that the measure Is filled
with contradictions and Inconsisten
cies, and If enacted In Its present
shape would he practically beyond
the power of interpretation.
Chairman Holder named Messrs.
Slater of Bryan, Dean of Floyd, Reid
of Macon county, Blackburn of Fnl-
ton and Fowler of Bibb, on tnis com
mittee, and they began their work at
once.
It was claimed at the general com
mittee hearing that the bill as pass
ed by the Senate apportions funds
arising from the unfilled 'portion -of
present contracts to tho counties,
and then places It In a state fund. It
Is also claimed that the bill says
convicts shall not be employed In
any pursuit likely to compote with
free labor, and further, on declares
that as many as practicable will be
used In making elotblng for the pris
oners used on the roads.
- | .auvycuuuac DCU8UC will nui
man wanted for the robbery. Roberts Indorse the candidates of any other
strenuously denies being the man political party,” said Mr. Hearet (It
8aya he can ?K>”e “ will be remembered that Mr. Chan-
alibi. The Savannah Hotel ~ ’ 1
Association ->|i behind the prosecu
tion of the case and they have held
Roberts on the charge of falsely Im
personating another.
A Nervy Convict.
Charles Hunter Is the nerviest con-
vlct Savannah and Chatham county
Counsel for the have had In their midst Ip some
asked for and \ Ume . While Charley was a trusty
Man’i ler was elected on the Hearet ticket
two years ago, when Mr. Hearst was
the only candidate defeated.)
He then declared that the demo
crats of New York are holding a
state convention at this time to nom
inate candidates for the very reason
that they would not nominate If tho
Independence League had made a
nomination.
, — —“ r—K-/'
leader for a conference.
The sub-committee which has been
going over the Senate bill continued
Its work Into last night, and did not
report until morning. They have
practically agreed on a bill, which
embodies the main features of the
Holder and the new Sennte bills.
The Amended Bill.
It will permit counties and mu
nicipalities to receive all the con
vlcts they want on* reasonable terms
and allow the Governor and prison
commission to dispose of the
"overs.”
They will bo able to lease addi
tional farm lands for their employ
ment, work them In Independent
state road forces, and, as a last re
sort, lease or take contract work for
some, as tile state's finances permits
or make necessary.
The bill has been worked out on
the basis of the Senate substitute,
which will be hardly recognizable
when reported* back to the Homo
TOOK P0I8ON BY MISTAKE.
Minister’s Wife Killed by Dose
She Thought Wat Calomel.
Mansfield, Go., Sept., 16.—Un.
Wlnburn, wife of Rev. J. J. Wlnburn,
died Sunday morning at 7 o’clock
from the effects of morphine, whl«h
she took by mistake, thinking It waa
calomel. She leaves five children.
Rev. Mr. Wlnburn took tho drug’
from a morphine user ( on a train
three years ago, and brought it home
to show hie wife, but failed to de-
— ’***“ uct- ”" “HI l<ll It'U IO U©w
i< he forgot
what It contained. Mr. Wlnburn wae
away from home preaching; fining
an engagement at Shiloh chnrOh.
Mrs. Wlnburn’e little girl aaya her
mother took the dose Saturday night
about 9 o’clock and she was found
in a dying condition Sunday morning
Fitzgerald Banka Consolidated.
The First National Bank of Fit*,
gerald, capital $126,900, surplus $62,-
600, E. K. Farmer, president, M. W.
Garbutt and W. O. Donovan, vice-
presidents. A. H. Thurmond, cashier,
last night closed a deal with tho
Citizens' Bank, whereby It takes
over the entire business of that bank,
thua materially Increasing the busi
ness of tho former. Tho now ar
rangement went Into effect today.
The Citizens’ will go Into voluntary
liquidation.
New
Blades,
Five for
25 cents
KEEN KUTTER
THE ANGLE OF
'Safety Razors Fit all
DF THE KEEN KUTTER SAFETY RAZOR
$3.50 assess smse $5.00 assr as asm
HAR
LEY’S
DWARE
COMPANY.
Norwegian Steel Blades, packed In a compact neat covered case.
H ardware
eadquarters
White Pine Sash and Doors
=»,
Valdosta, x Georgia.
Harley Standi
How die Name* Link Together-
»
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