Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1912-04-19


allowed to feel that they are."-spar-
tanburg Herald, Thursday.
SOUTH CAROLINA NEWS.
- Cherokee News: Orders were is
sued Saturday at the war department
|detaching First Lieutenant William
st. 8. Jervey, .Jr., from duty at the
Citadel in Charleston. He goes to
the Tenth infantry, First Lieutenant
Jesse CASTOR, now attached to the
Tenth infantry, Is detailed as profess
sor Of military science and tactics to
take effect July 1st, 1912. Jesse Gas
ton Is son OF Mr.. and Mrs. d. d.
CASTOR Of Blacksburg, and Is well
known throughout this section.
Acting in accordance with the re-
quirements of the act Attorney Gen.
eral Lyon on Wednesday filed In 1.-THE
supreme court q suit to test the con-
stitutionality Of the cotton warehouse
act, passed at the last session OF the
general assembly. w. r. Stevenson Of
Cheraw, will defend the constitutions
ality of the act. The case has been
set for C hearing on May 6. In the pc
tition II is pointed out that the cotton
warehouse act was passed at the last
session Of the general assembly and
that pursuant to the terms of the act,
J. w. McCown of Florence; T. L. Clink-
scales, Of Anderson, and John s. Horl-
beck, Of Charleston, were elected as
members Of the warehouse, commits
sion. Mr.. McCown was elected chair
man Of the commission. 1t Is stated
that the members Of the commission
have declared their intention Of enter
ing the Office created and Of carrying
out the provisions of the act. In the
petition II is pointed out that the act
requires the attorney general to bring
suit In the supreme court to determine
the constitutionality Of the measure.
The attorney general stated that the
act is unconstitutional and null and
void because: ''It appropriates public
revenues to private purposes and pro-
vides that the state through her pub
lie officers engaged In an enterprise
in no way incident or relating to any
government function or matter, the
warehouse system provided for there
In being solely for the benefit Of pri-
section two, article ten, Of the con-
stitution. It provides that the state
shall engage In private business not
incidental or necessary to the exer-
else of the police power. II provides
for an issue of bonds and an increase
Of the public debt without first SUBJ
mitting the question as to the crea-
ton of such new debt to the qualified
electors Of the state at a general elec-
ton, In violation of section eleven, ar
ticle ten, of the constitution. It is
discriminatory and denies the equal
protection Of the law In that no pro-
vision is made for expert grading, clas-
sify1ng, Weighing or otherwise put
ting in marketable condition any COM
modify other than lint cotton and
does not compel the acceptance for
storage Of any commodity other than
lint cotton. II provides for issuing
receipts for commodities stored In
warehouses transferable by written
assignment which receipts are GER
tificates Of indebtedness issued con-
trary to section seven, article ten, Of.
the constitution. It makes appropri-
ations for both the year 1912 and
1918 contrary to the provisions of
section two. article ten, OF the con-
stitution. 1t attempts to apply tax to
hereby violates section three, article
ten, Of the constitution"
AT the instance Of the governor the
mayor Of Bamberg on wednesday
swore out warrants for the arrest Of
W. L. McFail, w. d. Blume, Josh Lott,
David Robertson, Ernest Dodd and +.
B. Brabham charging them with breach
Of the peace, conspiracy, carrying con-
cealed weapons and rioting. The ac-
tion was taken because of the alleged
high-handed proceedings taken by the
men In an alleged effort to intimidate
and bulldoze two detectives who had
worked up cases for violation. Of the
liquor laws. It seems that not long
ago, at the request Of Mayor Smoak Of
Bamberg the governor sent two detec-
tives, Garner and Carter, to that town
to help collect evidence. AS the result
cases Of storing and six of selling
liquor were worked up. Two of the
parties charged plead guilty and the
others demanded jury trial. On last
Saturday Garner and Carter were
warned that If they remained In Bam-
berg something serious would happen.
and on the advice Of q policeman they
walked out Of town during the after
noon. The story they told the govern
or when they reached Columbia was
to the effect that when about four
miles out Of Bamberg on their way to
Denmark to take the train they were
overtaken by a party of men In an
automobile. All Of the men were arm
ed, one with gun and the others with
pistols. The men from the automobile
held up the two constables, making
them raise their arms high above their
heads. After the hold-up the consta-
bles were first deprived Of their pis-
tolls. Then the leader Of the automo-
bile party wanted to know what the
constables meant by coming to Bam-
berg on such an errand. The consta-
bles produced their commissions, which
the leader read. After the reading he
roundly cursed the constables and de-
clared that the governor should attend
to his own business and leave Bam-
berg alone. The gang fired several
shots around the feet Of the coflstables
and told them that II they came back
to Bamberg they would be killed even
If they had to be shot on the witness
stand. After a while the constables
were told to clear out and not to come
back again. The gang kept the pistols
pons would be shipped to Columbia.
On hearing these details the governor
wrote to the mayor Of Bamberg in
him to swear out the war
rants as stated, and ordered the Bam-
berg military company under the COM
mand and direction of the sheriff of
county He also ordered the
Charleston constabulary to Bamberg.
The mayor Of Bamberg asked that the
constables be sent back to Bamberg to
testify at the preliminary of the men
who had been. arrested and on the as
surance Of the mayor that the men
would be protected the men went back
for the trial Wednesday morning. So
licitor Gunter was on hand to take part
in the prosecution.
MERE-MENTION.
Congress has appropriated another