The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-07-26
COTTON TARE ACT.
Appeal May be Taken From Recent
DecisiOn-The Constitution In
TOlyed. -.
Columbia State.

act of the last general assembly may
be carried to the United States su-
preme court. An order signed by AS
sociate Justice Gary at his home in
Abbeville yesterday and filed with the
clerk of court Of the supreme court
holds up the remittitur in the case
pending the statement Of the matter
of writ of error to the highest tri-
bunal in the country.
The position taken by the attorneys
for ". G.. Mullins, the defendant, who
was arrested for the violation OF the
act, is that judgement was based on
the federal question on constitution
ality and that, therefore, writ OF
error is in order The remittitur is
stayed until further order Of the
court" and will very probably come
up at the next term. The probability
is that the case will finally reach the
United States supreme court, as it ap-
pears from the papers that there is 2
federal question involved.
Decision of Court.
This action followed the decision Of
the supreme court which upheld the
circuit court in declaring the tare act
constitutional and valid. There was
a concurring opinion by Associate
Justice Woods.
The order of the supreme court
staying the remittitur is as follows:
upon reading the annexed petition
and certificate of D. W. Robinson, it
is ordered that the remittitur in this
case, and the same is hereby stayed
until the further order Of the court"
The order was signed by Associate
Justice Gary.
The following is the petition pre-
serted to the court by Lyles & Lyles.
attorneys for W. G. Mullins:
whereas, on the 14th day of July,
A. D. 1910, the supreme court Of
South Carolina fled its Judgment in
this cause, affirming the judgment Of
the circuit court Of general sessions
for Richland county. Hon. J. W. De-
Wore, presiding judge Of date, June
s, A. D. 1910, and
Whereas, said judgment Of su-
preme court held that the act entitled
an act in relation to deduction from
weights or price of cotton for bagging
and ties, approved the 25th day Of
February, A. D. 1910, was not repug-
nant to the 14th amendment, section
l, of the constitution of the United
States, and sustained the conviction
by the magistrate of the defendant
herein for misedemeanor for violat-
ing the provisions of said act, accord
ing to section 2, thereof; and
whereas, said judgment and de-
eision of the supreme court of South
Carolina drew in question the validity
of said act on the ground that it was
repugnant to the constitution of the
United States and said Judgment was
in favor of its valudity; and
"Whereas, the defendant is desir-
Gus Of suing out writ Of error from
the supreme court Of the United
States to the supreme court Of South
Carolina to have reviewed the record,
proceedings, judgment and decision
of said latter court, according to the
constitution, laws and custom of the
United States: and
Story Of Remitttur.
whereas, it is desirable that the
supreme court of South Carolina re-
tain Jurisdiction of said judgment so
that it may certify the same, and the
record and proceedings therein, to
the supreme court of the United
States for review by that honorable
court,
Your petitioner would respectfully
pray that the remittitur in this case
be stayed until the third day of the
next regular term of the supreme
court of South Carolina, subject to
the order of that court"
The cotton tare case" came up
when the act fixing six per cent as
the amount of tare to be deducted
was violated by W G.. Mullins, a cot
ton buyer of this city. Upon the hear
ing of the case before Magistrate
Fowles, Mr.. Mullins was fined S. up-
der the terms of the act. The ap-
peal was to the circuit court in this
county and Judge DeVore affirmed the
magistrates Judgment The appeal to
the supreme court was sustained. The
main opinion stated that the judg-
mont voc cnetojna5 for tho roooona