The Greenville News from Greenville, South Carolina • Page 7

THE GREENVILLE NEWS, GREENVILLE, SOUTH CAROLINA PAGE SEVEN Judge Henry Signs Injunction Against Enforcing Slot Machine Law SUNDAY, NOVEMBER 24, 1925 EDGEFIELD FARM LIBERTY TEAM IS Greenville Organization Will Play Santa Claus At Christmas Celebrate Girl Scout Week In Greenville Next Month WOMEN GATHER ROLE SLANT DN CONTROVERSY GIVEN BANQUET 154 Auto Deaths In Ten Months COLUMBIA, Nov. 23. (AP) One hundred and fifty-four persons were killed in automobile accidents on South Carolina highways during the first ten months of this year, it is revealed by figures made public by the State Highway department. During the same period in 1928 only 63 persons were killed. Highway department officials offer no explanation for this substantial increase.

yuletide season will be, Miss Margaret secretary, stated last night, although a toy store where toys will be sold ut a reduced rate is being considered. This store managed last year by the organization end proved of much benefit to parents who caul not afford more expensive presents. Civitans, Salvation Armv Y. C. A.

clubs. Shrincrs, Good Fellows, and other group are making plans for dinners. Chri Unas trees and the like, although definite arrangements will ni be announced until after Thanksgiving. Many Greenville civic and charitable organizations will phay the role of Saint Nicholas this Christmas to scores ot the city's poor, according to information gained yesterday from officials of the various trou; s. Greenville Community Chest will act as a clearing house presents so that ll families In need will receive help instead of allowing all gifts to go to a few families while others receive nothing, J.

G. Gtrohecker, executive, announced yesterday. The local Red Cross has not yet decided Just what their part in the Historic Hamburg To Pass If Plan Of Red Cross Works Out Elaborate Program Being Planned For Observance First Week In December Greenville Oiil Scout week will be celebrated beginning Sunday December 1 and continuing through the following Friday, Miss Anne Earle. scout executive, announced yesterday that the scout council had worked out many features for this year's program which snouid prove ot interest to the public as well as to the scouts. Sunday, December 1, will be "Church Day," all scouts attending their respective churches in the morning.

A special scout service is being arranged at Buncombe Street Methodist church Sunday afternoon from 4 to 5 o'clock, when Dr. B. D. Hahn, pastor of Pendleton Street Baptist church, will be the principal speaker. Appropriate music will be included in the program, which is in charge of Mrs.

Grace Pack Durham. Friends of scouts and the general public are cordiailv invited. AWARD BADGES A special court of awards is scheduled ior the following Monday by the committee on standards and awards, composed of Mrs. J. (J Cunningham and Miss Ellen Perry.

All scouts who have passed merit badge requirements will receive badges at the court, the time and riod was enjoyed. Home demonstration wqrk has not been done in Edgefield county for about ten years. On November 1 Miss Margaret McGirt, of Green ville, was placed there as home aeent. Eieht Eight 4-H clubs for girls and two clubs for women have been organized. Other clubs will be organized before Christmas.

WW I ft) Home Demonstration Work Is Begun Again After Ten Year Lapse EDGEFIELD, Nov. Edgefield County Council of Farm Women met at the courthouse Thuis-day afternoon, November 21. Representatives from five sections of the county were present. The council met about a year ago and organized, but due to the fact that there tins been no home agent it has been inactive. The ladies who met this week are very enthusiastic and adopted a definite program of work for the year.

The following program was carried out: Song America. Devotional Mr. Thomason, Edgefield Baptist minister. Vocal Solo Miss Aileen Wicker, Trenton, S. C.

Gardening Mr. W. H. Barton, Edgefield agent. Council and Home Demonstration Work, Miss Margaret Mc-Girth, Home Agent.

Business Election of officers: President. Mrs. Joe Cox, Johnston, S. vice president, Mrs. Cris Williams, Pleasant Lane: secretary, Mrs.

L. J. Claxton, Ridge Spring; treasurer, Mrs. A. L.

Burns, Lane. The constitution was read and adopted. The council this year is trying to reach the following goals: At least one cow on every farm. At least 50 pure bred laying hens on every farm. A year round garden on every farm.

Exeterior beautification around homes, churches and schools. After the business a social pe- i i i ei II 8 xlOi wpjPT'p(p(BT lMWVHtflF 1 pllce to be announced later. Miss stated mat all scouts expecting to reeclve badges must notuy the scout oifice before o'clock Tuesday afternoon, so that badges mav be secured from national headquarters. Unless this is done, scouts will De forced to wait until the February court to receive badges. Community Service day will be observed Tuesday, December 3, when scouts will nelp in civic service.

Girl Scouts are learning to teel responsibility toward their city and community, and are always on hand to help where needed, it was stated. 'Any organization or person who has any civic work in which scouts may help, are a.sked to phone Mrs. Carl Morgan or Mrs. W. H.

Wilson, ot the training and service committee. WINDOW DISPLAYS The following Wednesday will ba Shop Window day, six such windows on Main street having been secured so that phases of Girl Scouting will displayed. These phases are: health, citizenship, homemaking, international scouting, camping, handcraft and nature. This feature is in charge of Mrs. L.

O. Patterson, council commissioner. A reception for scouts' mothers and friends will feature Thursday, December 5. Each scout troop has invited one member of the council to be their guest that day. Time and place for this reception will be announced soon.

A banquet in the parish house of Christ Episcopal church will close Girl Scout week, Friday night, when Dr. Fred Alexander, of Furman university, will be the principal speaker. A group of scouts will stage a pageant for benefit of adult guests, while a surprise program Is being worked out by council members for the scouts. MB a a If a. a la .0 See Window Mi and 9x12 Axminster and Velvet Football Squad Guests At Delightful Affair At High School LIBERTY, Nov.

23. Marking one of the most enjoyable as well as outstanding features of the school year, was the football banquet, at the high school building, Thursday evening at 6 o'clock, in honor of the looloau iquad of the season, 199, sponsored oy Coach C. K. Uoubold and the team, 'lhe arrangements and the serving were in charge ot the Home Economics department, Miss Myrtle Nesbitt, director. The dining room was a scene ot resplendent and refreshing beauty on this occasion, the decorations and setting all, in keeping with the school colurs, red and white, lhe tables were arranged, one in a block letter running the length and end of the room, while another was set across from the upper end of the figure table.

Mr. Godbold acted as toastmast-er, the trustees and Mr. Davis responding to the gruciouness of the time and occasion, with short speeches. Also another feature, between courses, was the awarding oi letters to the following students: J. D.

Smith, Joe Gantt, J. N. Kennemur, Lester Galbraith, Jim Knox, Her-schel Brown, Olin Mauldin, Chester Cobb, Preston Griffin, Ruius Hull-stickler, Clarence Smith, D. L. Chamblin.

The team spirit between Coach Godbold and his team, was in evidence of the true spirit of sportsmanship, in not so much whether won or lost, but "how" nlayrd the game, for which they were highly commended, by each speaker, on this occasion. The guest list included the trustees with their wives: The Rev. and Mrs. H. A.

Knox, Mr. and Mrs. R. Sariin, Dr. and Mrs.

W. M. Long, Supt. and Mrs. W.

B. Davis, Misses Annie Eva Clark. Dessie Strawhorn, Mary Morris, Kathryne Bowen, Myrtle Nesbitt. Besides each member of the squad was allowed the privilege of inviting a guest, who came as follows: J. D.

Smith. Miss Reba Rippev. Lester Galbraith, Miss Elizabeth Richbourg, John Kennemur, Mi.ss Johnnie Pollard, Joe Gantt, Miss Mayme Hunter, Jim Knox, Miss Martha Boroughs, Clarence Smith, Mi's Mattie Jo McWhorter, Al Johnson, Miss Jane Hiriter. Chester Cobb, Miss Ruth Smi'h, Olin Mauldin, Miss Elizabeth Harrison, Parker Mauldin, Miss Edna Cox: John Richbourir, Miss Pauline Boegs, Charles Mir.s Alice. Virginia Davenport, Warner Daven-jxirt, Miss Fiona Glover, Paul Brown, Miss Vera Medlock.

Brown, Miss Lois Davis, Ru-fus Huffsticklcr, Miss Mary Ellen Moon, D. L. Chamblin, MKs Corrie Lea Oalbraith, Homer Boroughs, Dick Knox. Preston Griffin. As a fitting climax to the occasion, the young folk repaired to the home of Al Johnson, where a delightful party was in store for them the remainder of the evening SINGING CONVENTION Holiness singing convention will meet this afternoon at 2:30 o'clock at Eden church in Park Place, A.

J. Lister, who is in charge of arrangements, announced last night. All singers and lovers of music are invited to be present. the case of Harvie Vs. Heise, 148 South Eastern, Page 66, in this case, the Constitutionality of the Statute was not before the as is shown in the court's decision, which reads as follows: "It is not claimed that the Statute in question is void, the claim is that it is inapplicable for the reason that hone of its provisions are violated by the operation of Slot Machines in question, the question before this court now is, whether or not the Statute in question Section 196 of the Criminal Code of Laws and the amendment thereto, is Constitutional cr not, basing my judgment and knowledge of the construction of the Constitution of the United States' cf America, Articles and Amendments five and fourteen, and the further consideration of the Constitution of the State of South Carolina ol 1896 My conclusion of the whole matter is that Section 196 of the Criminal Code, and its amendment thereto are both repugnant to and in conflict with both the Constitution of United States of America, and the Constitution of the State of South Carolina, said act or Statute is clearly void, and unconstitutional; the Statute under the constructions of the Courts would deprive Petitioner of property, without due process of law, without compensation therefor, which is violative of the Constitution of the United States, article and amendment five and fourteen, as well as the Constitution of the State of South Carolina.

"New UKin Motion of the Petitioner, it is ordered, adjudged and decreed, that the Respondents herein named including all law enforcement officers, audits servants and successors of the 13th Circuit be and are hereby permanently enjoined from ever seisin confis cating Petitioners property, or enforcing, or attempting to" enforce Section 196 of the Criminal Code of Law, which reads as follows: "Slot Machines Unlawful Except Those Giving Certain Returns: It shall be unlawful for any person to keep on his premises or 'operate, or permit to be kept on his premises or operated within this State, any Slot Machine of whatever name cr kind, except automatic weighing, measuring, musical and Vending Machines which are so constructed as to give a certain uniform and fair return in value for each coin deposited therein, and in whirh there is no element of chance." And the amendment thereto of 1923. "It is Further Ordered, and decreed, that the Petitioner in his case file the original of this Order together with Petition, with the Clerk of Court of Greenville County, and the same to be placed by the Clerk of Court on the equity docket, and the same to be shown thereon that the relief prayed for in Petitioners Petition is granted. "It Is Further Ordered, that copies of this Order be served upon the Respondents, "November 18. 1929. (Signed R.

HENRY, 'Presiding- Judge of the 13th judicial circuit- Capital Church To Build Big Annex COLUMBIA, Nov. 23. (AP) Plans for construction of a Sunday school building at the southeast corner of Main and Richland streets have been approved by the building committee of the Main Street Methodist church and the church stewards, and the building, which is to cost approximately $100,000, will be completed in 1930. TRAINING SCHOOL UNION, Nov. 23.

First Bap-tLt church has had a training school in session this week for their Sunday school teachers and workers. Two subjects are being taught and splendid classes have been enrolled in both. Dr. Edward 3. Reaves is the pastor of this church.

WWW a a is a a a Imagine It! 9 V-. tpHJHptfpf Gill 1 i 1 ill tiTn. i i'frnl Price Says Officers Will Be Instructed To Act Regardless CITES COURT RULINGS Something new in the way of slot machine injunctions has been secured in the form of a permanent order, signed by Circuit Judg-e J. K. Henry, against enforcement of the section of the state code relating to slot machines in an action against Sheriff Cliff Bramlett, of Greenville county, Sheriff John B.

Craig, of Pickens county, and all other law enforcement officers of the 13th Judicial circuit, it was announced yesterday by James E. Taylor, local attorney. While the injunction relates to th regular type of slot machines A vmng slugs, County Attorney JaXi'es H. Price yesterday announced, tnat officers of the county would instructed to confiscate all such machines under decisions of the State Supreme court, if any are placed in operation in the county "This injunction can not set aside rulinrrs of the supreme court, nor can It prohibit enforcement of any section of the criminal statute," lie declared. LONG CONTROVERSY The action follows lengthy contro versy regarding the vending devices in this state, in which rulings of the supreme court finally held that ma chines of the type described came Tinder provisions of the law and consequently were unlawful.

Mr. Taylor said that the new Injunction, secured by default through failure 01 the respondents to answer summons, took issue as to constitu- ONLY WEIGHED 95 POUNDS WHEN SHE STARTED SARGON Columbia Woman Gained Eight Pounds in First Two Weeks. Says Strength Restored. iner sevent arson and soiji and dist eventy-six thousand bottles Sargo Soft Mass Pills distributed by North and Soixth Carolina dealers during the firt month they were on sale! What a tribute to the marvelous MRS. MAGGIE BLACKSTON powers of this new, scientific treatment! No wonder it.

lias become the most taiid-of medicine in the Carolinas! Thousands of suffering men and women have testified that thoy were restored to splendid health through its strengthening Ore of the latest to tell of the wonderful results derived from Sargon is Mrs. Maggie Blackston, 126 Marion wh recently said: 'ven I rtarted taking Sargon I Viown to ninety-five pounds: In oiy two weeks time I weighed a r.ndrcd and three-a gain of eight pounds! It certainly made a difference in. my health and strength! "My principal trouble was a bad stomach and I couldn't eat a meal in because I knew it mpant awful suffering with indigestion. I had headaches almost continually and sometimes severe pains would come in my neck and dart around mv shoulders and back. Stubborn constipation was a big draw-back and had nie always dosing myself strong cathartics.

I was los" ing weight steadily and became nervous and so weak and run-down 1 couldn't do my housework. None of the medicines and treatments I took did me a particle of pooa until I found this wonderful Sargon. "I could feel the marvelous strengthening effects of this medicine right from the start and I've gamed eight pounds on two bottles! I'm gelling stronger everv dav and for the first time is ove. a vcar I'm able to do my house work. Mv stomach in perf condition and nothing I eat ever elves me a sign of indigestion.

Headaches and all my body pains are things of the past and I'm no', at all "S'ous any more. Go. Mass Pills cer-tain'v 1e "onders! They gavt me i'V relief from constipar and ara sn pleasant in their action there's really nothing to reminu you that vrr've taken medicine. "Sarcon lias done me more good than all the other medicines I ever took put together and I'm more than glad to give this splendid treatment my whole-hearted endorsement." Pnrcon may be obtained In Grrenville from Bolt's Drug Store, 4 North Main Stone's Drug Store. 301 South Main and Fran-Wood Dru Company, West Greenville.

G. msm. tionality of the law. He said that a number of machines would be placed in operation next week after copies of the injunction had been served on respondents. Following is copy of the injunction granted bv Judge Henry: "On October 26, 1929, Hon.

T. J. Mauldin, Judge of the 13th Judicial Circuit, issued an order of a Rule to show cause, directed to the Respondents above named, this order was returnable before me on the second day of November 1929, and on November 12. 1929, after giving the Petitioner's petition due consideration, I granted the petitioner an injunction pen dente lite en-Joining the Respondents from seizing, confiscating Petitioners Vending machines, or from interfering with the operators in the operation thereof. "This matter is now before me for a permanent injunction it appearing from the Record that the Re spondents, A.

C. Mann and Cliff R. Bramlett, or by Bramlett's agent, accepted service on the 28th day of October 1929, and that more than twenty-one days has expired, and upon the affidavit of the Petitioner that no answer or demurrer has been served upon the Petitioner, it appearing that the issues raised in said petition is based upon the Constitutional rights of the Petitioner, as granted to the citizens of the United States of America by the Constitution of the United states. Article five and amendment thereto, which reads follows: shall any person be subject for the same offense to be twice put in jeopardy of life, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law, nor shall private property be taken for public use, without just compensation," and article and amendment fourteen of the United States Constitution, which reads as follows: "No 3tate shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States, nor shall any state deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction, equal protection of the law." BROAD POWERS "This clearly brings up the question as to whether or not that Section 196 of the Criminal Code of Law 1922, and its amendment of 1923 is unconstitutional, by depriving Petitioner of property in dero gation of his Constitutional rights, if Constitutional it would have to be so under the police powers of the State, there is a limitation on its police power, while the xlice power is very broad and far reaching and it is difficult to fix its bounds; but it has its limitation. "The Constitution of the United States of America is the supreme law of the land even higher than the Federal Statutes on this Constitution.

Our government is founded and a state statute enacted in pursuance of the police power is void, if in contravention of any expressed provision of the Federal Constitution, or in conflict with a valid Federal Statute, and the Constitution of the United States having provided; "That no person shall be deprived of life, liberty, or property without due process of law, and every citizen is guaranteed equal protection of the therefore this brings up the question of a property rights, and the further question of whether the Court in Equity has a right to enjoin the enforcement of a Criminal Statute, or law, there being a property right in this case, which clearly Rives this court the right to enjoin the enforcement of Section 196 of the Criminal Code and its amendment of 1923. "In order that a Statute or Ordinance may be sustained as an exercise cf the police powrr the Courts must be able to see that the enactment has for its object the prevention of some offense or manilest evil or the preservation of the public morals, or general welfare, which I fail to find present in this case. MORALS UNSCATHED "I am unable to convince myself, that the morals of the public are threatened in any manner, by the mere use of Vending Machines, as described by the Petitioner though they may release checks for advertising purposes, I am fully convinced that the checks have no monetary, or trade value, nor has it ever been adjudicated that such checks have any monetary value, of course, the production of the check itself is a slight cost; but considering the millions of dollars sient annually, and the mode of spending such sum for advertising purpose, I see no reason, nor legal right that the State has for placing a ban upon Vending Machines, merely because they release a few checks at intervals. "To hold that such checks has a value and enforces 196 of the Code and its amendment, would be a discriminating act, and therefore the act or statute would itself be void, because of the fact that the United States Constitution grants its citizens equal-protection of the laws. "The Legislature can not under the guise of the police power impose on property burdens so excessive as to work a confiscation thereof, this is what the Legislature has done in enacting Section 196 of the Criminal Code, Vol.

2, and the amendment thereto of 1923, no such power can be used in any other way as a cloak for the invasion of per sonal rights of private property, the right to own possess and operate property without it being confiscated, is granted by the Constitution of the State, of South Carolina. "The Constitution at the State of South Carolina of 1895, Section 5, guarantees its citi7cns "The priv-ledges and immunities of citizens of this State, and of the United States under this Constitution. shall not abridge nor shall any person, be deprived of life, liberty, cr property without due process Oi law, nor shall any person be denied the equal protection of the laws." LONG BEFORE COURTS "The question of- the opera tion of Vending; Machines has been before the Courts of the State of South Carolina frequently, (JjDI P3 Relief Agency Would Move Families From Menace Of Ever Recurring Floods AIKEN, Nov. 23. The historic old town of Hamburg, situated on the fiats oi the Savannah River in this c-inty just across frcm A 'gusta, and whicli has been by floods of the rivei lor the pait hundred years or more, will sorn be only a memory if the plan of the American Ucd Cross to move out all of the residents is carried 6ut.

The Red Cross has been affording liood relief Hamburg lor many years but the experience oi the worst flood in history of the Sivannah a month and a half ago and realizing that thee devastating floods are recurring situations, it has been decide-i to offer aid lor the last time. The inhabitants are to be helped in a financial and advisory way to secure property am; homes on the hills farther back lrom the river and will be movee out. If they refuse this aid, the Red Cross warns them that in the event oi the next flood they cannot expect aid. WAS FLOURISHING TOWN Hamburg was a flourishing center of commerce tiid finance long before Augusta had risen to prominence, but most of the business eventually moved across to Augusta. In 1833, Hamburg was the terminus for the South Carolina Railroad, then the longest railroad in the world and the second one in America.

Bank notes on the old Bank of Hamburg, the original building of which was only destroyed by fire in January, 1928, were recognized even in Europe. In the Reconstruction era, the village was the scene of a bloody riot between negro soldiers and white citizens. The action of the Red Cross to have Hamburg moved has been announced by Charles W. Carr, aster Relief Representative of the national organization, who lias been in Ai'-en this week. He had made a careful survey of the situation an1 has mapped out a plan which has been concurred in by the Aiken County Chapter and tiie national headquarters.

At a meeting this week of the Necessity Flood Relief Advisory Committee of the Aiken County Chapter of the Red Cross, the following definite policy in regards to the flood sufferers of Hamburg was adopted: RESOLUTION "Whereas, floods in Hamburg are rrrurring situations and whereas the American Red Cross has been railed upon to render aid on three previous occasions the following policy is hereby adopted and will be aihered to by this committee: "With the financial aid of the national organizations of the American Red Cross, all residence owner in Hamburg will be offered assistance, both financially and advisory, toward the securing of lots an-, rebuilding of homes, provided the move from Ham-b' to some location protected frc.i recurrnig floods. In all case beneficiaries will be expected to remove whatever salvage Is on tlieii old property and use this material in the building of thir new homes Each award will be based on need and each beneficiary will be expected to carry whatever share of the expense is found practicable. "Renter and owner residents will assisted toward replacing needed hoirehold goods provided they move to some location protected lrom recurring floods. Under no circumstances will 'd be extended to families who remain in Hamburg. In offering to assist in the American Red Cross feel that it will discharge its obliu-Hon to Hamburg as a relief agency and at no time in the future wil! it expect to be called upon to render aid there." Mr.

Carr announced that thr Red Cross would snend several thousand dollars in the work as outlined. Whether the residents of Hamburg, who are mostly necrocs. will take advantage of the offer ol the Red Cross is known, but it is presumed that they will and that the famous old town will be no more, excent for the modern institutions of filling stations along the highway. Newberry Veteran Great Circus Fan NEWBERRY. Nov.

23 When the circus comes to Newberry there is aiways one nere wno will alwavs admire them and that person is Cel. W. Y. Fair, a Confederate veteran who is 84 years of age, who says that he has not missed one in fifty 5'enrs. Col.

R. Y. Leavell, a prominent undertaker and a veteran of 83 years does not care to see one as he Fays he has not seen one in at least fifty years. Girl Scout Council To Meet Tomorrow Greenville Girl Scout council will meet tomorrow morning at 11 at the home of Mrs. L.

Patterson to make final plans for the observance of Girl Scout week beginning December 1, Miss Anne Earle, executive, nnnounccd last nU'ht. Several important matters will be taken up at this meeting and all members of the council are urged to be preseut, as each will have 8 special assignment In carrying out the week's prosrram. We have selected a group of 8 and 9 12 Velvet and Axminster Fate's from our stock which we will sell tomorrow Monday for One Cent lot is first quality and was Each. Every Rug in this priced to sell from $37.50 tion from our regular stock to wane your seiec-yrS lrJ Ruga selling from $37.50 to $69.50 and we you your choice of any Rug in the Speci priced the same as the Rug you selected only ONE CENT. For example, you wish to buy a Rug which sells for for an additional One Cent, or $42.51, you can purchase an additional $42.50 Rug from the Special Selected Lot.

If you don't need two rugs, of Velvet and Axminster cost Phone 1391 It For Less At Jones" win seny bring a friend and split First Quality No Seconds 12 Axminster Rugs 207 S. Main Street "Of Course! You Can Buy aw: the Only ONE CENT! i See Window.