Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-07-15
FRIDAY, JULY IS, 1910.
SOUTH CAROLINA NEWS.

election to he held on September Is,
for the purpose of deciding on the an
neXation of a part of Oconee county
to Anderson and Clemson college is
included in the area.
- The city of Spartanburg has voted
To pay the $4,000 of notes given to
secure rights of way for the G. G. & q.
railroad. The notes were originally
made by the city council and il after
ward developed that they could not he
legally paid without a vote of the peo-
pie. The vote resulted 1913 to 16 i'm
favor of payment.
- Columbia, July 13: Ruling that
former jeopardy cannot be pleaded or
dinarily unless the evidence necessary
to support a second indictment would
have been sufficient to secure con-
viction on the first, the supreme court
today reversed the Richland circuit
court and ordered that II. Van Buren,
twice acquitted of practicing medicine
without license, be tried again on
the evidence involved i'm the second
case. The prosecution is by authority
of the State Medical association.
- Characterizing as indecent and
sacrilegious an illustration used by
James Cansler of York, candidate for
railroad commissioner at the state
campaign meeting In Barnwell last
Tuesday, Rev. A. f. Evison, rector of
the Barnwell Episcopal church, arose
and protested. Rev. j. w. Wolling of
Allendale seconded his remarks. Can
sler denied the charge, offered argu-
ment with the minister, and finally re-
tired, saying, everybody to his own
notion, said the old woman as she
kissed the cow"
- Spartanburg, July 12: Reports
showing that 3,622,OO0 spndles out of
the 3,711,000 spindles represented in
the South Carolina Cotton Manufac-
turers' association, would be stopped at
least portion of the time In July and
August, were presented at the meeting
Of the association held here this morn
ing. Some of the mills represented i'm
the association, are not now and never
have been in operation, thus making
the curtailment movement practically
unanimous. 1t Is estimated that the
movement will mean reduction in the
output amounting to 2,500,000 pieces
of cloth. A meeting of the executive
committee has been called to consider
further curtailment, to be held the lat
ter part of August or early In Septem-
ber.
- Spartanburg Journal: The an
nouncement concerning the manner in
which the county will build its roads in
the future has caused much favorable
comment and the people in the city
from the country expressed them
selves as being delighted with the new
plan. There are several good features
to this project among them being the
fact that people living along the pro-
posed new roads will have an oppor-
tunity of filing in their bids and If sue
cessful Of building the roads themselves.
Thus the money that they pay for
taxes would come back to them. They
will be in a position to build the roads
cheaper than the contractors from a
distance, as living close at hand they
would have the necessary implements
with which to work. Also the labor
employed to work on their farms could
be used in this manner when not 9TH
erwise occupied.
- Columbia special of July 13, to the
News and Courier: In fewer words,
perhaps than II has taken the supreme
court to tell of much less important
cases, that tribunal this evening I'm
an opinion being handed down by JUS
tice Eugene B. Gary dismisses the ap-
peal Of W. G.. Mullins In the now fa-
nous cotton tare case involving nearly
$2,000,000. The court says: THE
facts are set out in the order Of his
honor the circuit judge which Is af-
firmed for the reasons therein stated"
Appeal dismissed. Justice Woods, con-
curing, in separate opinion, says:
Il concur. The statute attacked as un-
constitutional does nothing more than
fix the maximum quantity Of bagging
and ties which shall be regarded for
trade purposes as component part OF
bale of cotton. The important pub
lie purpose Of certain and uniform
rules laid down by the statute Is to
induce fairness and prevent disputes
between buyers and sellers Of the chief
commercial product of the state, and
the certainty and uniformity which
will probably have this result make
the statute reasonably adapted. to the
public purpose in view. There is no
substantial interference with freedom
of contract, for, of course, buyers and
sellers, in agreeing on a price, will
have in view the bagging and ties,
which under the statute must be treat
co as a part of the bale Of cotton" The
tare case came up when w. G. Mullins
was arrested for violation Of the act,
passed at the last session Of the gcn-
eral assembly, in which it was decreed
that per cent tare should be deducted
from bales of cotton, except in the case
of round bales and 300 Founders, in
which case the excess was to be de-
Quoted. Heretofore 20 pounds had
been the tare. The argument made by
the cotton buyerG was that the act
was unconstitutional, principally in
that it tried to put the cotton busi-
ness under police power. Following
arguments before Judge DeVore, the
circuit judge passed an order sustain
ing the magistrates decision. The
main theme of the order was that the
tare was a reasonable bit of legisla-
ton. The decision by the supreme
court affirms the order of the circuit
judge. Mr.. Mullins was fined IS. AS
this case involves nearly $2,000,000, the
fight is not over yet. One of the cot
ton men said tonight that 1t was prob
able that there would be the biggest
fight you ever saw this fall" What
are you going to do?" was asked. Re
fuse to buy the cotton" he laughingly
replied.