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L ?fje Cfjeratu Chronicle "Tis Not in Mortals to Command Success, but We'll do More, Sempronious, We'll Deserve it" Volume 15 CHERAW, CHESTERFIELD COUNTY, S. C., SEPTEMBER, W, 1911 Number 46 SEABOARD WINS CROSSING FIGHT OOCKT DISMISSED PETITION H S fonteiition Over Track at Front - I_ fll Won treei in lorran lhuiu .u?uday. Holding that the constitutional right given railroads to cross another railroad does not give the right to railroads to cross at! grade, and stressiug the importance of public safety, the su-l premecourtyesterday dismissed ! the petition of the Atlantic Coast Line railway asking that! the railroad commission be forced to consider and aopiovel plans for an interlocking switch for a grade crossing over the track of the Seaboard Air Liue railway in the town of Che raw. The decision in the case is by Associate Justice Hydrick. * The ruling by the court ends a long controversy between the two railroads which involved the right of the Coast Line to cross the track of the Seaboard at Front stree in the town of Cheraw. The controversy was commenced on September 22 of last ' year. The case came before the supreme court several months ago and a decision was givem in the favor of the Seaboard, It was held by the court at that time that the Coast Line did not have the right to cruss at Front e h' e ''Tnis contention is base on * section 6 of article 9 of the constitution," says the decisiou handed* down by Associate -Tnstirp Hvdrick. "which reads, any railroad - organized under the laws of the State shall have the right - - to intersect with or cross any other railroad, /etc. There are several sections of the j code which iu smiler terms, give railroads the right to cross j each other. But neither the; section of the consiitut on above I quoted nor any statue gives oue I railroad the right, in so many i words, to cross another at grade ! and the right to cross does not necessarily imply the right to cross at grade. On the contrary I -n-.rv j | section -1 TJ denies mat . except by consent of the com I mission, aud then only in micIi manner as it shall prescribe, and there is nothing; in the provisions of that section in conflict with the section ot' the constitution above cited. "The next position taken by the petitioner," says the opinion "is that the order of Janu try 0 is void, first i ecau^e the dialer of September '212, oeintr a judgement or quasi-judgement, was final and irrevocable, and second bvcausethe ord -r of January (3 was niacin \\Mii nt ^ivmij the petitioner hat ;uqar?d vested rights, in reliance upon the order o September 22 and it therefore op'ftbs to deprive ] eti'.ioner of i> ptopen.v witho it due process of law. Tiiel f i ul i:il 'n<al errors in litis con j teuton is . s? u aimr tout thej C ill :i hi ever v.* its Coli-e t ' t> t:m? Til... . pinion I h 'i'S 1!'?> Id S'low t; :.( I ?: J f?I* - * m?>r orders iti.i not s?M'?? th- i petitioner any a;mhu'c to maUc lint e; os-? i;o;, ..iul that !i? petitioner's ri?.'iir to |?r.Wii^ conditioned upon the concent the ( )*:5 '< -!'?m. "The leoisl.it'.tre litis a >-,* ! no rest ructions upon the < ?n; mission as to t!??? terms aod1 conditions upon which i? - :!i consHUt to such cros>i:;;r," < u tinues the opinion, "i hereiur.* it lias the power to refuse its % i r consent altogather,- or to grant it upon such terms and conditions as it may see fit. And so long as it acts within the law and a reasonable discretion, it is subject to no control save that of the legislature. The coudition upon which the concent of September 22 and December 28 was given was clearley within the law, and the discretion of the commission, ann it was a coudition precedent and no right could vest or attach under the consent, untill the condition had been fully complied I with." "But even if it be assumed that acting in reliance upon those orj ders," continues the opinion, the (petitioner din acquire vested I l ights, it does not follow that the commission could not withdraw | its concent to the crossing. The public safety is paramount to the * - - * - rni ) vested ngnts or tne citizen. me police power can not be bartered away." After showing that the commission considered the matter carefully before taking the staud it did, Ihe opinion closed as follows : "The issuance of the writ of mandamus is" not a matter of strict tegal right, but it rests in the sounds of discretion of the court. Nothing is better settled than that mandamus will not be issued to cont-role the discreiiou or judgement vested by law in public officers. If the commission had dot already considered ;7 Deposit yc The Bank \ CKere^v STRONGER THAN ALL OTHER BJ 2|oj compoi j? |0 4t\ savir and rejected the plands proposed by the petitioner, the courts conrts compel their consideration by the commission. Abbeville vs. McMillan, 0- S. C., 00. But it could not direct the result of that consideration, unless the action of the commission with re spect to the matter was so clearly arbitrary and capricious as not to admit of two reasonable opinions. Mauldin vs. Mathews. 1 81 S. C., 41-1. The commission 1912 M 16 K. P. $600.00. 2! Five Passeiif-cr Tourinj rr^ - . ". r-\ " . - " i. Otif v - v jL \J ...< ^? Our first sliiptiirn: ? . six cars m?1< s:i!?-ucalc.'s. Jmlk'iiri' . s arc uow thai Tiic licinaari is so trrcal for .Max i trai;; is rushinir to t!io Americas Auto < a'nlcariu* ami place your or?!er. I?( iranraiitce. TRN "T ti/7 -n T! O S< ij Bp I 8 Jbl \ J JL is inuestod by law with the authority to decide the question of factn such cases, ann it is a body ipeculiarly fitted to decide such questions. Theaefore, its questions of fact, unless wholly without evidence, is final and conclusive. "Now in this case the commission has found that the proposed crossing is unsafe, and that no plans can be devised for a grade crossing at Front street which will adequately protect the public It has also found that a grade crossing may be made at Second street, which will he reasonably safe; and that an overhead crossing at Front street is dangerous and shouid not be consented to, and that conclusion is "not without evidence to support it. "Even if the court did not concur in the findings of the commission, nevertheless, it has no authority or disposition to substitute its jubgment and discietion for that of the commission. wnereiore, tne peuuuu is dismissed." To Restore Chairs. To clean and restore the elasticity of cane bottom chairs, turn the chair and with hot water and a sponge saturate the cane work thoroughly. If the chair Is dirty use soap. Afterward set the? chair to dry out of doors and the seat will be as taut as when new. < >ur money of Cheraw 7? St C INKS IX THE rOl'XTT COMBINED v . tnded quarterly! lgs department V I ? I A I-ioult'uI Sight. to H. J. Barnum. of Freeville, N*. Y., was the fever sore that had plagued his life for years in spite of many remedies he tried. At last he used Bncklen's Arnica Salve and wrote: 'it has entirely healed with scarcely a scar left." Heals Burns, Boils, Eczema, Cuts, Bruises, Swellings, Corns and Piles like magic. Only 25c at T. E. Wannamaker & Sons. AX W EL 5-30 H. P. Roadster $9 g Car $980.00. 56 1 .. Orders are ( wp will Kill fur vlmrt of tillinir tin* on noil cars that l>iir dealers are Imvltitr i Co., Americas, Co.. loaded only wlJIi [ one of tlie tirsj prosul owners of a 1 KINDLED FIDE TO HIDE CHIME Firemen Find ( Iiarred Body ?f Boy in Collider's Slurp in Washington. Washington, Sept. 10.?Firemen who extinguished a blaze in the cobbler shop of Tom M?lano near the goveanment printing office early today found unmistakable evidence that the fire had been to cover up the murder of a victim, afterwards identified as Harry Smith, "14 years old. The firemen pulled the charred and unrecognizable remains of the boy from burning debris which had been soaked with coal oil. Severe blows had been dealt the boy with a heavy instrumont, and a blood stained hammer was found nearby. The body was identi fied by a scarf pio. Melano was arrested at the point of revolver. The witness told the polieoe they saw them fighting in his shop yesterday. One woman said she saw him strike a boy with a hammer. He claimed he loaned his key to an American friend who said he wanted to sleep in the shop last night. Notices Posted That They Will Begin on October 2 and Will Kan on Fall Time. Anderson, Sept. 10.?Notice have been pos ed at the Riverside andToxaway cotton mills to the effect Ithat both mills will resume operation on October 2 after haveing been idle since' the first week in May. Both mills will run on full time and all the machinery will be put into opera move^ki^y from the mill villages, but a few remain andothers are expected. The management does not fear that there will be aoy scarcity of help. Both mills work a great' many persons and bring much busi uess to the city. . No Need to Stop Work. When your doctor orders you to stop work, it staggers you.. "I can't" you say. You know you are weak, run-down and failing inhealth, day by day, but you must work as long as long as you can stand. What you need is Electric Bitters to give toe, strength, and vigor to your system, to prevent breakdown and build you up. Don't be weak sickly or ailing when Electric Bitters will benefit you from the first dose. Thousands bless them for their glorious health and strength Try them. Every bottle is guaranteed to satisfy, uniy ouc at i. 1. ?hiuiumal'er & Sons. For the Bride. If you suspect him, then reject him; but if you select him, don't suspect him.?Gay. L 1912 Z'rmnm ' ? ?? 150.00. 25-30 H. P., H. P. Five Passengerj j iM'injr liooJ.od daily l?y ns arid our !, i lers for 1912. j( ii solid train loads. One special i; Maxwell cars. V; rife at once for I 1912 Maxwell* Ask about I'm* Moiling !J into Go. I CHIEF JUSTICE SENDS RESIGNATION WILL IIUX FOR GOVERNOR At Least tliat is What Many of His Friends Predict?Think that Announcement Will Follow Columbia, Sept. 12.?Ira B Jones of Laucaster, chief justice of the State supreme court, yesterday telegraphed to U. R. Brooks, clerk of the supreme court, the announcement of his resignation, to take effect Jan uary 9. 1912. In many quarters this is taken as a very stroDg indication that Mr. Jones will announce his candidacy for the governorship in opposition to Oole L. Blease, the incumbent, who has stated that he intends to seek reelection. Justice Jones' announcement i as sent toGeh. Brooks follows: "Laucaster, Sept. 11, 1911. U. R. Brooks, Clerk, Columbia designation to take effect Jan. Mailed governor today. (Signed) "IraB. Jones." . It had been rumored for some i time that Justice Jones might v / take the field for the governor--. . ship. ' m Mr. Jones has been a member ? of the supreme court since ISjfr He was elected chief justice upon the resignation of Y. J. Pope in ,;A' 1909. Since that time he has V served with no little distinction ' ? as^head of South Ca ro 1 to complete his education. After i leaving college, he taugbtih Newberry and Edgefield counties, at the same time studying law. In 1872 he was admitted to the bar and opeped an office in New- ' berry. He also became assistant editor of the Newberry Herald. In 1875 Mr. Joues moved to Lancaster. * From then on he began to interest himself actively in politics. He was elected to the legislature from Lancaster county and in 1890 was appointed chairmau of the ways and means committee of the house. Subsequently he was chosen speaker, serving in that capacity until 1890. Iu 1886 he was made chairman of the j Democratic executive committee of Lancaster county and also of ' the executive committee for the Fifth congressional district. He was vice president of the constitutional convention of 1895. He was elected to the supreme court by the legislature in 1896 and became chief justice 10 years later. In 1875 he married Miss Rebecca II. Wyse of Edgetield county. (ti1xe.se warship arrive for First Time in H story Xaval Vessel Floating Drmron Visits Aniercan Waters. X-u York, Sept. 10,?For ilie first time in history a Ohineas ii:. vat vessel tonight entered the American waters. The naval visitors from the Orient is the rruisor llai Chi, with Rear Admiral (Ting Pili Kvvang on board inciioied off ilie entrance to the harbor late t might. The wnr-liip to.ik part in Spithead naval review in eonneciiou with King forge's coronatiou. TileHai Chi brings a full complement of Chinese officers and 150 seamen, and an elaborate irogamme of entertainment has >j0 an rain god for tlie visitors by * the city. State and nation.