Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1907-09-03
SOUTH CAROLINA NEWS.

SOUTH CAROLINA NEWS.
Columbia, August 81: An insect
which is declared by well informed
persons to be the Texas boil weevil,
has made its appearance in Laurens
county. in the Piedmont section Of
South Carolina, and farmers are alarm
ed over the situation. Very young
bolls, after being attacked by this little
insect lie in a day, wither and drop
to the ground. Farmers Of that Sec
tion declare that their crops will be
materially cut off by the ravages Of the
insect, which Is new. to this section.
Columbia, August 30: The South
Carolina branch Of the Southern Cot
ton Growers association met here to-
day for the purpose of fixing the mimi
mum price at which cotton should be
sold this fall. A resolution was adopt
ed to the effect that the price be fixed
at 13 cents. The executive committee
men from the several states will meet
at Jackson, Miss, September 8, at
which time the minimum price Will be
tee from this state are as follows: Mr..
w. w. Ray, Richland county; Mr.. L"
Archer, Spartanburg, and Mr.. E. d.
Smith, exofficio member Of the COM
mittee.
Columbia special of August 81 to
the Charlotte Observer: in the case or
S. R. Vennihg of Manning, against the
Atlantic Coast Line road, a suit for
fnr
penalty for failure to pay the claim
within forty days fixed by statute, the
supreme court in an opinion filed to-
day declares unconstitutional an i'm
portant statute affecting liability OF
roads for freight shipments. The act
declared null and void Is that OF May.
1903, which allows the consignee to
recover from any Of the roads inVolV-
ed in a through bill Of lading he choos-
es to select. regardless Of which road
lost the goods. This statute is found
by the court to be an attempt to regu-
late inter- state commerce and there
fore in violation of the Federal law on
the subject. A wholesale hardware con-
Germ in Kentucky delivered a steel
range and warming closet to the
Southern for delivery to Mr.. Venning
through the Coast Line. The range was
lost, and Mr.. Venning got judgment in
the magistrates court for $21 for the
loss of the range and $50 penalty for
failure on the part of the Coast Line
to pay the claim within forty days un-
der the act of February 1908. This is
reversed and the case sent back for
trial, the supreme court saying as TO
the penalty that this act Of February,
1903, will apply to the case II the find
ing on the new trial should be that the
loss occurred on the defendant road
and not otherwise. The railroad attor-
news in the case also attacked the con-
stitutionality of the penalty act ana
also that Of Sec. 1710 Of the code, pass
ed in 1882, but neither Of these attacks
Is sustained. The penalty act excuses
the road sued If Ii names the road on
which the loss occurs or fails to do
this after due diligence" The act Of
1882 places the burden Of proof on the
road sued to say that the loss did not
occur on it's line The act Of February,
1903 expressly eXempts any road from
the penalties for losses not occurring
on its line. Comparing Sec. 1710 and
the act of May, 1903, with a similar
statute of Georgia, which has been
found unconstitutional, the court says,
"The act of May 1903 goes as far be
vond the Georgia statute as Sec. ITO
falls behind It," The Georgia law made
any of the connecting carriers liable II
within thirty days 1t failed to give
loss occurred on.
- Columbia, August 81: The attor-
ney general today answered an inquiry
as to vaccination which had been sent
to the governor and by him referred to
Mr. Lyon. The letter was written by
f. F. Allgood of Liberty, Pickens coun-
ty who states that his daughter, Miss
Elizabeth AllgoOd. Is teaching school
near Liberty, school district No. l;
that DR.. G. l.. Martin. who is the agent
Of the state board of health, came to
the school for the purpose of vaccinat-
ing all the pupils not already vaccina-
ted and quite a number refused to be
vaccinated: that Mr.. G. l.. McWhorter,
who is chairman of the board OF trus-
tees and patron Of the school, on the
following day came to the school and
stated that his children who had re-
fused to be Vaccinated had to come to
that school and should not be vaccina-
ted" Mr.. Algood wants to know what
his daughter should do in the matter,
in view of the fact that DR.. Martin
had informed her that II she admitted
children who had not been vaccinated
she would lay herself liable to a fine
of 500. Attorney General Lyon re-
piled TO Mr.. AllSOOQ Dy quoting tHe
law; acts of 1905. p. S71. Sec. 4. which
provides that all children entering the
public schools must show evidence Of
vaccination and imposing on both the
teacher and parent or guardian the
duty of seeing that the children are
vaccinated and providing a penalty Of
300 fine or thirty days imprisonment.
The law is plain and DR.. Martin is un-
doubtedly correct in what he told the
tea cher. II the statement made by Mr..
Allgood is accurate. Mr.. McWhorter is
apt to lay himself liable both as trus-
tee and parent.
- Cheboygan. Mich, Sept. l: Mrs.
Fred Williams, living near Bear J at
on Crooked lake. near this city, was
severely injured and her 7-year-Old son
probably fatally injured when dyna-
mite cap in the boys hip pocket eX-
ploded while the mother was spanking
him for a minor offense. The little boy
had been out in the field where his
father was using dynamite to blow up
stumps and had slipped one Of the per-
cussion caps which Mr.. Williams was
using, in his pocket. He later return
ed to the house, where his mother call
ed him to be punished for some child
ish misdemeanor Mrs. Williams used
a shingle as the instrument of punish
ment. The first blow from the shingle
exploded the cap in the boys pocket,