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SOUTH CAROLINA LOSES
Fight in Liquor Case-~Has No
Right to Sell Whisk sy.
TEMPERANCE IS NOT AIDED
By Dispensary—Holds 11th Amendment
Never Contemplated That a State
Could Engage in Liquor Traffic.
Richmond, Va. —Covering every
phase of the South Carolina dispen
sary case, in an exhaustive opinion,
which deals with the broad question
of state’s rights, the Unitea States cir
cuit court of appeals handed down an
opinion fully sustaining circuit Judge
Pritchard in the appointment of re
ceivers to wind-up tne aftairs of the
liquor monopoly long maintained by
the Palmetto commonwealth.
The decision is a matter of para
mount importance in feoum Carolina,
where the dispensary has long been
the object of attack. Its failure to
serve as a temperance measure, along
with charges of graft, caused a revul
sion of feeling, wnich resulted in the
passage of a law to abolish it as a
state institution, at the same time per
mitting towns aqd counties to decide
by popular vote vote whether or not
they desire to retain it under local 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 amend
ment of the federal constitution.
It holds that the framers of that
amendment to the constitution never
conceived that a sovereign state could
engage in the liquor business and be
come a trader by buying and selling
an article of common traffic in com
petition with the citizens of the coun
try. The court questioned, therefore,
whether the state was exercising a
governmental prerogative or perform
ing a function necessarily or properly
incident to its autonomy as a state.
It declared that the funds in con
troversy, which the complainant clams
it should be paid from, being in the
hands of the commission charged
with the duty of abolishing the dis
pensary, the state has no interest in
so much thereof as lies necessary to
pay the just debts. The members of
the commission, according to the
court, hold the funds in trust for pay
ment of all just debts of the state dis
pensary and the creditors of the dis
pensary ‘have a property interest in
the funds in the hands of the commis
sion to the extent that the debts are
shown to be just and a judicial de
termination of the true amount of
such debts can in no way effect the
rights and interests of the state.”
The suit, said the decision, is not
against the state, nor is the state an
indispensable party.
Referring to the opinion of the su
preme court of South Carolina that a
suit against the dispensary commis
sion was a suit against the state, the
decision refuses to adopt that con
struction.
CAR OF POWDER EXPLODED.
Seven Persons Instantly Killed and
Thirty Others Injured.
Windsor, Mo.—Seven persons are
dead and thirty injured, four of whom
are not expected to live, as the result
of an explosion of a car of black pow
der at the Missouri, Kansas and Texas
station.
When it became known about town
that a car of powder was on tho
tracks at the station, a number of cu
riosity seekers, a majority of whom
were negroes, assembled. A. F.
Hershberger ,a Missouri, Kansas and
Texas freight conductor, became aa
noyed at their presence.
In moving a keg of powder some
of the explosive fell over. Seeing it
on the ground, Hershberger remarked,
“I’ll show you how to scare negroes,”
and he lit a match and threw it into
the powder. Instantly there was an
explosion that shook the town, knock
ed one end off the depot and shattered
windows and stopped clocks for mile 3
around The car containing the pow
der was hurled in every direction.
NIGHT RIDERS BUSY IN ARKANSAS.
Reported Farmers Organize for Pur
pose of Reducing Cotton Acreage
Jonesboro, Ark—Night riders are
organizing in northeastern Arkansas,
it is reliably reported, for the purpose
of reducing the cotton acreage for
next year and compelling the holding
of this year’s crop for the minimum
price set by the International farm
ers’ union convention, which met at
Fort Worth, recently.
Three farmers in Craighead coun
ty and one in Poinsett county have
been threatened by a band oi riders,
and considerable anxiety is felt by the
cotton buyers and ginners.
Great suffering is the lot of all women, who neglect the health of their wo
manly organs. No reason to do so, any more than to neglect a sore throat,
colic, or any other disease, that the right kind of medicine will 'cure. Take
Wine of Cardui
for all your womanly ills. It can never do harm, and is certain to do good.
Mrs. Sallie H. Blair, of Johnson City, Tenn., writes: "I had suffered from womanly troubles for six
teen months, and had four doctors, but they could not help me, until I began to take Wine of Cardui.
Now I think lam about well” At all reliable druggists, in SI.OO bottles. Try it.
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ft iVI 1 L U 3 r\ LC 1 I 1 IV AJvice, describe your symptoms, stating age, and reply will tie sent in plain sealed envelope.
LATE NEWS NOTES.
General.
One man was burned to death, two
women were seriously injured and
several others more or less badly
burned in a fire which destroyed the
men’s and women’s buildings of the
Philadelphia Cricket club at Chest
nut Hill, a suburb of Philadelpria.
Rev. Dr. C. Campbell Morgan, the
noted English preacher, who has ar
rived at New York from Europe, de
ciaied in an interview that he is in
favor of women suffrage. He said also
that the two big political parites in
Great Britain are in favor of it, and
that both houses of parliament like
wise approve, but that for political
reasons no big leader in eitheV house
can well come out to champion the
cause. He believes that very shortly
women will he voting in England.
Details of the fighting between the
French troops at Bedenib, on the Al
gerian frontier, and Berber tribesmen,
have been received at Paris, France,
and indicate a victory for the French
so sweeping it is believed the uprising
is now ended. Hundreds of Moors
surrounding the French garrison were
slain by the machine guns.
Members of the congressional cur
rency commission passing through
New York on their return from Eu
rope, where they have been making
investigations, say that little can be
done during the coming session of
congress in the wav of financial legis
lation. However, there is a strong
sentiment that much more important
projects in currency reforms will grow
out of the commissioners’ work.
Half crazed by worry over the con
stant threats of revolt, at Lisbon and
of attempts on the lives of the mem
bers of the royal family, Dowager
Queen Maria of Portugal is preparing
to leave that country for Italy, where
she will make her future home.
It just became known that a pack
age containing over $52,000 In jewelry,
notes and other valuable papers dis
appeared in Portland, Ore., on the
night of August 21. The package,
which was sent over the Wells-Fargo
Express company, reached Portland.
August 21, at 2 p. m., but no trace of
the small package after that hour
could be found.
Out of approximately six thousand
people stricken with cholera in Rus
sia this season, more than three thous
and died, according to a tabulation
which has been made public. The di
sease is still raging. The epidemic
has been traced to hawkers of bever
ages in the cities along the Neva riv
er.
Berkman, the anarchist, w’as arrest
ed in New York when he tried to
break up a meeting of labor men by
injecting his anarchistic speeches, red
flags and bands playing the Marsail
laise. One man, waving a red flag,
was kicked by the police the entire
length of the hall into the street. Em
ma Goldman was present, but left be
fore the disturbance took place.
Captain Lee Cannon, a Cornell grad
uate and leader of the Honduras rev
olution, is to be put to death, accord
ing to reports brought to San Fran
cisco by passengers arriving on the
steamer City of Sydney from Panama
and Central American points. Accord
ing to the reports, Cannon killed fif
teen men single-handed in his last
stand, but was finally captured.
The National League for the protec
tion and promotion of airships, w'hich
recently 'was organized by Rene Quin
ton at Paris, has announced that its
prize w'iil be awarded to the French
aeronaut who shall first double long
est flight made hitherto by Wilburn
Wright. All the prizes must be con
tested for i» France.
H. C. Kilmer of Baltimore, Md , was
elected president and commander-in
chief of the Boys’ Brigade of America,
which held its annual convention In
that city. H. M. Stratton of New York
was elected vice president; A new
constitution was adopted in order to
better cover the needs -of large organ
ization.
Four are dead and the bodies of
many others are believed to be in the
ruins of a fire which destroyed a
en-story building in New York City.
AH were garment workers. The fire
is believed to have been incendiary.
Twenty-six men were rescued by the
bravery of the firemen and police.
Many of these Iliad narrow escapes
from death. No women were rescued.
There are over fifty groups of Es
perantists in the cities and larger
towns of Spain studying the new
language.
Washington.
American minister to Salvador, H.
Percival Dodge, who went to Tegucig
alpa, Honduras, to discuss the incident
of the revocation of the exquateurs
of Consul Linard and Vice Consul
Reynolds at Ceiba, has telegraphed
the state department that the matter
nas been satisfactorily and amicably
adjusted.
THREE FATAL WRECKS
Railway Accidents in Different
States Ciaim Many Victims.
8 KILLED AND 86 INJURED
Passenger Train in Mississippi Derailed.
Excursion Train in Illinois Telescoped.
Alabama Log Train Jumps Trestle.
Clarksdale, Miss. —Four persons arc
known to have been killed and twenty
six were injured in a wreck on the
Yazoo and Mississippi Valley railroad
two miles south of here when two
coaches passenger train rolled
down an embankment. The known
dead are; Mrs. Virgie Graham, Glen
dora, Miss.; Miss Amber Russell, 17
years old, Anding, Miss.; Mrs. Rob
ert M. Gay, Glendora, Miss.; Unknown
White Woman, whose bedy remains
under the debris. The train, upon ap
proaching Clarksdale, was behind, and,
while running at a very rapid rate oi
speed, the 9. iair car and a day coach
left the track. The wreck, it is said,
wa§ caused by the expansion of the
steel rails after the engine and ad
vance cars had passed over them.
Samson, Ala. —The log train of the
Henderson-Boyd Lumber Company
was wrecked about five miles north of
Samson, killing three persons outright
and injuring twenty more. The dead
are: J. O. Stephenson, white a con
vict guard; Joe Wise, white, laborer;
Albert England, negro convict. The
engine was pushing a train of empty
cirs, and the wreck occurred on a
trestle with a steep grade on either
side. The engineer was scalded, but
the fireman escaped unhurt. The en
gine and entire train left the track.
None worked more faithfully than the
convicts, and the three dead bodies,
with all of the injured, were removed
by them from the wreck, and carried
to Richford on a relief train.
Chicago, 111.—A Chicago woman is
dead and a number are dying and over
forty persons were injured as the re
sult of a rear-end collision at Ches
terton, lnd., between a theater train,
running out of Chicago, and the rear
coaches of an excursion train, running
from Chicago to Indianapolis. At the
time of the collision, a great cloud of
smoke from the forest fires hung over
the tracks, making the rear lights in
the excursion train dim and shutting
off a view of the tracks even a hun
dred feet ahead of the suburban train
at the time the trains came together.
The subruban train was running at
greatly reduced speed, owing io the
haze, or the injured list would have
been greatly increased.
MORE CEMENT Edit CANAL
Work on the Locks Will Be Delayed
Until July, 1909.
Washington, D. C. —A contract for
furnishing the isthmian canal com
mission with 80,000 barrels of cement
in addition to the 4,500,000 barrels al
ready contracted for with that com
pany, has been awarded to the Atlas
Portland Cement Company of North
ampton, Pa. It has been hoped that
the work on the locks at Gatun Miro
flores and at Paco Miguel would be
commenced about January 1, as the
original invitations for furnishing the
commission with cement contemplated
that the deliveries in large quantities
should begin them, but as the work
of excavations for the foundations of
these locks has progressed, it has
been found desirable to make them
deeper than was at first thought nec*
essary, in consequence of which ac
tual construction work will be delay
ed until July next.
FENDS FOR VICKSBERG PARK.
States Have Made Appropriations for
Monument to Soldiers.
Washington. D. C. —According to
the annual report of the Vicksburg
National Military Park commission,
a total of $797,000 has been appropri
ated up to this time by the various
state legislatures for memorials, mon
uments and markers, to certain per
sons and organizations.
Of tfis state appropriations, Illinois
leads with $260,000, lowa has $150,000,
Wisconsin $130,000 and other states
various amounts down to $5,000.
Union and Confederate memorials
both adorn the park. A warm tribute
is paid to the memory of Commission
er Lieutenant General Stephen L. Lee,
who died May 28, last, and by whose
death “the country lost a good and
great citizen, the commission an ef
ficient wmrker, and each of its re
maining members a dear personal
friend."
It has been proposed to erect a me
morial in the park commemorative of
the services of the union navy in the
operations of the Vicksburg campaign
and for the construction of such a
memorial an estimate for an appro
priation of $200,000 is submitted.
STANDARD OIL’S REPLY.
File* Answer to Government’s Petition
for Rehearing.
Chicago, 111.—Counsel for the Stand
ard Oil company of Indiana in an an
swer to the petition of the govern
ment attorneys for a rehearing of
the appeal from Judge Landis’ judg
ment fining the company $29,240,000
for violations of the anti-rebate laws,
upholds the decision of Judges Gross
cup, Baker and Seaman of tne United
States circuit court of appeals revers
ing the judgment and lifting the bur
den of tlie enormous fine as good law
amply justified by the record in the
case.
Point by point the answer, which
was formally placed on record at the
opening of office of the clerk of the
court by Colonel W. R. Stewart, gen
eral attorney in Chicago, for the Stan
dard Oil company takes up the argu
ments of the petition for rehearing
which set forth alleged errors and
particularly suggested that the upper
court had erred in its understanding
of what the trial judge feally had said
concerning the previous offenses by
the Standard Oil Company of Indiana
or the Standard Oil Company of New
Jersey.
In the petition for rehearing the re
viewing judges are charged with as
suming that Judge Landis attempted
to try and punish the Standard Oil
Company of New Jersey in the origi
nal proceedings which were against
the Standard Oil Company of Indiana.
On this point the answer declares it
to be a matter of no consequence
whether the trial court referred to
the New Jersey company or the In
diana company was not a “virgin of
fender."
“The real point is,” says the an
swer, “did the trial court in imposing
punishment, take into consideration
the relation between the Standard Oil
Company of New Jersey and Stand
ard Oil Company of Indiana, and did
it base its fine upon the wealth of
the Standard Oil Company of New
Jersey and Its ability to pay, instead
: of upon the wealth of the Standard
Oil Company of Indiana and its abil
ity to pay?”
To determine this question the Stan
dard Oil attorneys assert that a few
sentences extracted by the govern
ment counsel from the words of Judge
Landis are not sufficient and quote at
length from Judge Landis’ opinion to
show that he referred to the New Jer
sey corporation “as the real defend
ant" and the Indiana company as the
“nominal defendant."
The conclusion stated by the answer
is “that the enormous fine inflicted
upon the defendant was because of its
ow'nership of its stock in the Stand
ard Oil Company of New Jersey, and
because of the financial standing of
the corporation, is beyond dispute
xvhen the entire opinion of the trial
court is considered.
INSTRUCTION IN MATRIMONY.
Prediction That Preparatory Course
Will Be Offered in Schools.
Topeka, Kas.—“The time is coming
when a course preparatory to matri
mony will be offered in our public
schools in which young men and wom
en will be taught some important mat
ter relative to marriage."
Professor F. H. Blackmar, head of
the department of sociology at the
University of Kansas, mftie this state
ment here before the superintendents
of Kansas charitable institutions. Pro
fessor Blackmar believes such a
course would go far toward improv
ing Americans as a nation and he be
lieves it the most expedient remedy
for unhappy marriages.
Professor Blackmar advocated a
strict physical and mental examina
tion of all applicants for marriage li
censes. Persons afflicted with pul
monary or mental diseases should not
be allowed to marry, he said. Careful
selection is believed by the superin
tendents of hospitals for insane and
penal institutions and by Professor
Blaokmar to be necessary to prevent
an increase in insanity, epilepsy and
crime.
. LRGeThRISTTaN SOCIALISM.
Manifesto Issued by Clergymen Ask
ing That Scriptures Be Searched.
New York City.—Clergymen to the
number of one hundred and sixty-one,
representing twenty-four religious de
nominations and thirty-six states and
territories in the United States be
sides three denominations and four
provinces in Canada, have issued a
manifesto to the clergy and churches
of America, declaring their belief in
socialism and urging a searching of
the Scriptures and a study of the phil
osophy of socialism upon all who do
not now agree with them.
The signers of the manifesto an
nounce their allegiance to tlje minis
ters’ socialist conference, one of
whose objects is to show that social-*
ism is the economic expression of tho
religious life.
NEW AIR SHIP RECORD
Wright’s Machine Stays in the
Air Seventy-One Minutes.
DESCRIBES THE FIGURE EIGHT
Complete Control of Machine Was Dem
onstrated—Traveled at Rate of
39.55 Miles an Hour.
Washington, D. C. —In a flight last
ing one hour, ten minutes and twenty
six seconds, Orville Wright surpassed
all his previous exploits for a time
and distance flight for a heavier-than
air machine.
Two flights were made at Fort My
er, Va., the first being of ten min
utes and fifty seconds' duration, for
the purpose of showing what speed
he had been traveling during recent
flights. The test demonstrated, ac
cording to the aviator’s calculation,
that the speed of the aeroplane dur
ing the record-breaking flights, was
39.55 miles an hour.
In the first flight the aeroplane made
nine rounds of the drill grounds and
then landing within a few feet of the
thousand or more spectators, Mr.
Wright computed the speed of hia
record-breaking flights.
The speed was officially announced
as 39.55 miles an hour.
Fifty-seven times the machine pass
ed over the staring points during the
seventy minutes and twenty-six see
ons that it was up the second time.
Twice the areoplanist described the
figure “8,” showing for the first tim*
during his Fort Myer flights that ho
could control his machine in any di
rection. A feature of the landing
was that he did not stop the motor
until the machine touched the ground.
Before making another ascenion at
Fort Myer, Mr. Wright will make a
few changes in his machine in order
to secure greater speed.
THIRTY-FOER persons injured.
When New York Express on the Erie
Was Derailed.
Meadville, F’a— Thirty-four persons
were injured in the wreck of the Erie
train No. 4, Chicago to New York ex
press, at Geneva, Pa., a small station
eight miles west of here, the wreck,
railroad officials believe, being due to
enemies of the company opening a
switch shortly before the passenger
train arrived. Thirty-one of the in
jured were passengers and three rail
road men.
Two of the cars, a combination smo
ker and baggage, and a day coach,
were demolished. A majority of the
injured were riding in the combina
tion car, being foreign laborers trav
eling second closs. The two tracks
were torn up a distance of over 100
feet.
Railroad officials assert that they are
convinced that the switch was mali
ciously opened for the purpose of
wrecking the train, but think it was
done by persons having a grievance
against the company rather than for
the purpose of robbery.
GAS METER STOPPED.
Man Attempts Suicide, But There Wa*
No Money in Slot.
New York City. —After making elab
orate preparations for killing himself
by gas, including the writing of a
farewell letter to his wife, in which
he stated that he had spent his last
quarter for drink, James Rowan, 41
years old, turned on the gas ar.d lay
down.
Had Rowan staked his last quarter
on the gas meter, he might had his
wish. ' The supply of gas, however,
was furnished by a quarter meter,
which supplies 25 cents worth of il
luminating fluid and then stops until
another quarter is inserted.
The gas in this case stopped flowing
just after the man lost consciousness
and he was revived by a policemtn
who was summoned. Rowan was re
moved to a hospital and later locked
up for attempted suicide.
FINGER PRINT NO GOOD.
Judge Refuses to Accept This Meth
od of Identification.
New York City.—The finger print
method of identification by which the
police have been cataloguing their
prisoners lately failed to satisfy Mag
istrate Corrigan of this city. A
woman who gave her name as May
Curtis was arrested. Detective Wat
son declared that she was the same
woman who had been twice arfested
last June under the name of Maud
Allen and Rose Allen. He showed
a record of finger prints.
Magistrate Corrigan squinted at the
Dapers under the magnifying glass.
"They look alike," he said, ’but they
have points of difference also, to my
mind. These things are not conclu
sive enough for me. I will give her
the benefit of the doubt and place her
on probation."
Child Sent To Prison.
Maysville, Ky.—-Chester Savage,
aged 13 years, was sentenced to six
vears in the penitentiary for the as
sassination of his uncle, two years
ago. The boy hid by the roadside and
shot his uncle. He is the youngest
murderer ever known in Kentucky.
Farmer Baled Alive.
Hammond. Ind.—Harold McKinney,
a farmer living near here, was baled
alive in hay and is not expected to
live. He was caught in the machin
ery and drawn slowly into the press.
His right leg was torn from his body,
and though a powerful man. McKinney
was unable to tear himself loose. He
was finally rescued in a crtical con
dition.