University of South Carolina Libraries
There are three for building just i We'd like to talk you. I Personal I 'Mrs. 8. R. Ballard of Hartington, I Iowa, aad Mr?. I. N. Punk of Bethany, Maw who have been visiting Capt. and Mya. R. J. Ramer, have, returned to | their homes. 4 Miss Kate Sharpe has returned I from Pendleton wher<s she spent the1 w\ftk-?nd with friona*. Miss Edna Myera has returned from a, short visit t ? relatives at Augusta, Ga. Miss Carrie Mceuen returned yes terday from Due West, where she was | pleasantly entertained for the week end'. M o. Evans, Jr., of Pendleton spent Sunday in the etty with his L? Mortis of tho Lebas sn section wa* among the visitors to the etty yesterday. fS.P. Martin of Willlamston was in Wt; city yesterday tor & few hours. . E. P. Wood of Garvin township a pent part of yesterday In the city on flHSness. Mrs. Vaahtl KeyTof Greenville ls ,!**jhe city, the guest of Mrs. 8. E. ?W. H. Canfield, a well known busl ojs* man of Hones Path, was In the cjty yesterday. K. Garrison of 8andy Springs] spent a few hours In the city Sun day with friends. a? 'M. Carey of Honea Path was among th? visitors to thr city yester . :;Mrs. Et E. Cochran and Mrs. W. E. Iftgfson have-gone to Atlanta, Ga., for ^^B& of s few days. ?IM* Sullivan abd Edgar Sullivan ajftat Sunday In Wllltamston with ^His. ?j9St P. Spence has returned trott a a?nt business trip to Greenville. Rodgers of Wdltamston was -ajjpig the visitor* to spend yesterday -tffitke city. Gilliam McCown of the Mountain tjjak section' waa ia Anderson yea-1 ftr. ? and Mrs. 1*. K. Roper spent a hours I- parlaiIburg Sunduy relatives. gMsacter bntriey of the Roberts sec ^aysa^a ^Anderson yesterday on BEAUTIF and BRACELET TOGETHER. Each adds to, month brings greater popula nt ornament among society 1* have not as yet selected yoi lion of the many other beau WALTER H. i special reasons now them over with =5"S?S -J- 1 , I . gB8) business. , O. V. Browniest ol Due West was emong the visitors to the city yes terday. John Chastlne of Anderson, lt. F. D., was in the city yesterday for a few hourn. W G. Thompson of Charlotte, a well known shoe dealer of that city, spent yccter?lv In Anderson with his brother Alfred nd George Hill, prominent CO.MJ . mill men of Tu ca pan, were in Anderson yesterday. T. PJi Thackatou of Greenville spent a few hours tn the city yesterday on business. G. E. Woodruff of Charlotte waa among the visitors to spend yesterday tn the city. Dr. J. E. Watson of Iva was in the city yesterday for a few hours on professional business. Dr. Dod ??on of Greenville waa among the visitors to s pond ysnterday ls the city. ? ??A?tay Hutchison, a student .at Furman university. Greenville, apent th? week-end* in the city with bia parents. Mr. and Mrs. J. H. Hutchi son. A .Glenn Evana has returned from a short viatt to Iva Mrs. Correne Bowen and Mlaa Gladys Bow?n of Oarawell were abop plng in the city yesterday. Dr. I. J. Burris of Starr waa among the visitors to the city yesterday. 1>. L. Bowls of Iva waa in the city yesterday for a few hours.* "Ernest McGee of Honea Path was in Anderson yesterday for a short stay. _ ' W. s. Campbell and M. M. Campbell of near Balten were in the city yes terday. E. M. Ivsy of Atlanta, a well known Jewelry salesman, was in the city yes terday. Jule' Duckworth of the Lebanon Bee tloo, was In Anderson yesterday on buBineaa. Foley'? Honey and Tar Compound for Croup. Croup acarea you. The loud hoarse croupy cough, choking and gasping for breath, labored breathing, call for Im mediate relief. The very first doaes of Foley'a Honey and Tar Compound will master the croup. It cots the thick mucus, clears away the phlegm and opens up and eases th? air passages. Harold Berg. Mass, Mich., writes "We give Foley's Hooey and Tar to our children for croup and it always acta quickly." Every user la a friend. Evana Pharmacy. ? UL AWvftT WATCHES the other's charni. rity and increased use of this con fers. jr watch, we' cordially invite your tiru! designs we have on display CEESE & CO. . KIM' ('HISt: CONTRACT IH NOT BI>!>!>? IPON (TTY Con t In nod F^om J^w*_ .V"?/* under tho decisions of our court of highest authority and after a care ful nnd exhaustive examination of our decisions for several weeks, I am compelled to report to you that In my judgment the debt attempted to be Created under this franchise-contract was under those decisions "In the na ture of u bonded debi" and tihould huve been submitted to the voters iy petltlon of freeholders, as provided by the constitution. Not having been so s bmitted the action of the city council in "passing" the franchise contract could not bind the city Icgr' lv and did not. The latest decision was written by Justice llydrlck and was agreed to by Chief Justice Gary and Justice Woods and was decided February "th, 1012 lt ls reported In 90 S. C., 352. and in part U as follows, except italics: "February 7, 1912. The opinion of tl . court was delivered by "NTr. Justice Hvdrlck. The pe titioner, who is a citizen and tax payer of thc town of Fountain Inn, seeks to enjoin the town council of said town from making u contract with the Enoree Pow er company to light the streets and public buildings of said town for a period of ten years. "It may be conceded that the proposed contract is of the nature of a bended debt (Duncr-n v. Charleston, HO S. C. 532, 39 S. E. 26? > which can not be cre.Ued without the sanction of n majori ty of the qualified electors o? the town. Constitution, art VIII, sec. 7. "Moreover, as the making of the contract is the creation of a bond debt, section 2021 of the Code (vol. l. Code 1902) also seems to us to be applicable and to confer tho necessary authority. That section, as amended by the act of 1908 (25 Stat. 103R). makes it the duty of the authorities of any city or town, upon the petition of a" majority of tho freeholders, there of, to order a special election 'for the pu., jse of issuing bonds' for various purposes enumerated, concluding with the words 'or any ,corporate purpose set forth in said petition.* It can not be de nied that-the contract in question is for a corporate purpose which was set forth in the petition. "MnsRrH. Ciiief Justice" Gary and Justice Woods took part In this ? hearing and concur." S The case of Duncan vs. Charleston, SO S. C.. ?22. referred !o above and approved on this point by Justice Hy drick was decided June 20th, 1901. lt involved the validity of a.Charles ton, S. C. franchise-contract for 50 years. Tile citv mundi ??f Chir???tss attempted to make lt binding on the city ot Charleston without an elec tion, 'itc By ita terms Charleston vas to pay a Axed annual ?um 50 years for hydrant rentals, etc. The supreme court said thi 3wfts an at ton.pt te cr?ai? a "bonded debt" Wuirh was beyond UK? power of Vic city council. This decision is in part asl follows: " . . . But' it lb ??-?rtd *y ' the respondents that the power to create this debt and Incur this lia bility beyond the municipal In come of. the current year is ex pressly given to the city ot Char leston by the act of 1899 (sec. 23 vol. of Stat at Large, pages 51 and 52). The respondents over look the fact that even if this con tract did not actually odd to the bonded indebtedness of the city of Charleston, that the provision of sae. 7, of art. VIII, of our State constitution, would present an in* superable barrier to the attempt by the general assembly of this State to clotho the city council of Charleston with any such power to pledge or dispose of the muni cipal Income for an Indefinite term of yeera, for lt ic there pry . vided ' . . . That *.hls section shall not be construed o prevent the Issuing of certificates of In debtedness in anticipation of the collection of taxes for the year when such certificates are issued and payable out of such taxes.' T i.J provision was evidently in serted tn thia section in order to enable a city council to make some definite provision for cur rent Indebtedness which it was intended should be paid from tax es when collected, hut la antici pation cf the collection of said taxes. Such a scheme would ter minate with the yeer In which th* taxes would be collected. It was not -Intended, nor did lt do so. to clothe the city council with pow er by one contract to pledge $42, 000 of each year's taxes for the period of SO years next ensuing. Tho terms or the section are ex haustive of the power. The gen eral assembly could not add . to it? for the expression of the consti tution whereby a municipal cor poration ls allowed to issue cer tificates of indebtedness In ad vance of the receipt of the taxes to pay such certificates, ls a ne gation of any power ia a city gov ernment to do more than what ts expressly contained ia the grant of power heretofore recited aa containing In such section of the constitution. ... So In the mutter of eitle? end towns, they were not allowed to create a bonded indebtedness beyond eight T p?r cent, ot the taxable 'values; yet they, too. were Allowed to create en lndebledaets In anti cipation of the payment of the taxes to be collected during the yeer such Indebtedness for ordi nary or current purposes were created. As before remarked, i this contract between the Charles ton Light and Water company ead the city ot Charleston Is unco:: . stitutional and therefore null and void." . It seems to me clear under these cases that the franchise-contract he tween the city of Anderson and the Southern Public Utilities rompany, at tempting uo it does to hind the city to pay sums of money for a period of five yeara and forty years for hy drant rentals, electric lights, etc., is in violation of statute law and un constitutional because an attempt to crea 9 f. debt "in the nature of a bond* il debt" without complying with the requirements . of the constitution and the statutes. If it is suggested that the Charleston d?lit of $42.000 per year for 50 years I* much larg er than tho Anderson d*'lit and there fore distinguishable therefrom, the obvious answer 1B that the principle was held applicable to a smaller debt than that of Anderson In the Fountain Inn case. The size of the debt could not be controlling. A dent of $42.000 a year for a large city might not be ns serious in proportion lo population, taxable property, etc., as a smaller debt to a smaller city. Itv the South ern Public Utilities company fran chise-contract the debt attempted to be created even now approximates (22.000 annually, .Including that at tempted to be created hy the "white way" contract. The M?vhltn '"iv" contract of course is invalid foi- tho Baue reasons that the* franchise-contract ! invalid. It ma'v be contended that it is too late for the cltv to "raise" these ques tions. That by accepting benefits, etc., thc city has legally or equitably estop ped it3olf from contesting the validity of the instruments In quftsloji. I have carefully considered this view. The doctrine of estoppel Is oc casionally applicable to what are classed as void contracts but the ur nlication of estoppel to void contrac's Ia extraordinary. It is the settled gen eral doctrine in this State that that o who deal with a city in matters ci this kind do so at their peril. They are presumed to know the law. They are required to Investigate and Uni out whether or not a city council bas authority to make contracts of Uris naturo and must accept thc conse quences if council acts withovt au thority. On this point our supreme court explains this doctrine vs appli cable to cities in Milster vs. Spartan burg. 68 S? C., page 33, from which I quote as follows: "It ls true, a city mav be estop ped to denv the validity o' p**t?? done by Ita city council for a pub lic purpose "v continuing to ac cept the I? .':*, ts of such action, but tbi'i IL re the act is merely j an ir ??ular or Improper exercise if power conferred by law. Where there is an entire absence of pow er to do what lt has undertaken because the contract or ordinance is forbidden by the constitution or statute law of th? State, the coun cil In such action does not repre sent the municipality, and for thia reason the city can not be es topoed to deny the validity rt' the cll.* whatever tnay be thy loss en tailed on those who' have acted on the faith of the ^apposed pow er, or the incident?.! bcnaS? ~hlcte accrues to the residents of the city. The effort to t?fhd; the city amounts to no more 'thin if the council had undertaken to legia ! late or make contracts for an- ,. other municipality or fer the en tire State." Not Severable. Finally, it may be urged that the franchise-contract ia severable. That the attempt of the city coun?ll to create a debt "in the 'nature of a bonded debt" by contract can be and WUI be separated by the courts from the franchise granting' Iba company i the right or "perm?t" to" occupy the r?reets, *tc, and "do business" here. Tn other words, that the courts will declare the franchise portion valid and the contract portion Invalid. ? This phase of the question han also been given my earnest consideration. Ant I am unable to agree with ' the severable contention. Among other reasons, because of the 'plain lan guage of the Instrumenta themselves. It will be recalled by t?me ot you that a strong but unsuccessful effort was made to have the two separated. In tact the original request waa for a "permit to do business.* for 60 years without any contract whatsoever aa to furnishing water and lights for city purposes and' to th? inhabitants. Thia "permit" proposal ^as always opposed by council and pv many lead ing advocates of the measure. It to true that there were two papers, on? entitled "An ordinance granting unto Southern Public Utilities company tba right and privilege to use the streets and other publia places of the city for the purpose pf1 supplying water, electric lights and power to the elsy OT Anderson aw. ita innabl tanta" and the other a "Memorandum ot agreement" between the company and city. The latter M.;cour?e em bodies the contract as to hydrant r?n tala, light, etc. Both papers are of the same date, were passed by coun cil at the asme meeting snd they tn expresa terme ahow that the two pa pers are to be treated and ara two mutually dependent parta of a whole to stand or fall together. . I.And that Section 13 of Part 1, ot tlie "fran chise" part ia as follows: "Thia franchise or privilege shall be deemed and taken aa a part,ot, and construed In cennac tion with, the written' agreement or evan date entered into ty the parties hereto pref cribing and regulating ratea for furnishing water, llghta ?nd power tc the city of Anderson and ita luhaMtaata hy. said company." I find, that the opening paragraph ot Part It or th? "oontr^^HH^^H follows: "That for and In comdderatien of tho mutual covenants ?Ad agreements hereinafter set forth, the expected perfornlfcoee. thereof and other good and valaaale con siderations, and as ft part of tho privilege granted by said etty to aaid company to sell ?nd deliver water and electric energy in said city, and of ev?m dat? herewith, . and to be taken and construed ia connection therewith, tho partiel? hereto nave agreed and do agree ?' - ' ' PALME' -rot "SA^HO" The World Film Cor. -l'on Fou "A Thia whole story is interpreted no end "f amusement. "TYPOGRAPHICAL "DICK OD Saturday the Palmetto will begl the morning;; everybody should sec with each other as follows, lo wit:" Recommendations. My instructions do not justify me in recommending to council whether or not it is now wise to disregard the action of the former council. My in structions were to investigate thc law and report it as I found it and I have tried to do so without fear, favor or conscious bias for or against the company cr the questions involved but I ani fully aware that my opposi tion tn the passage of the instruments in their present form*, which is a mat ter of public record, may naturally apneal to many as a sufficient reason to create in me at lea t an uncon clous blas In favor of the position herein outlined. I began this inves tigation with thc deliberate plau of resolving all reasonable doubt in fav or of validity. This plan . I have tried to follow throughout and if counsel for the company or others have au thorities materially antagonistic to my position I shall be glad to see them and examine them. If they prove reasonably decisive of, the is sues I will cheerfully reverse myself, as the supreme court does occasional ly, and In my opinion now, must do again in order to uphold the "fran chise,contract" and "white way con tract' as valid and legally binding obligation).- of this city. I make thn following recommenda tions If council decides to take any action as a result of my opinion: 1. That I be authorised to furnish a copy of this opinion to Southern Public Utilities company with an In* vltation to its attorneys to confer with me and associate counsel with a view to some agreement by which the city I and the company may avoid all un necessary expense, litigation, mlsnn ?lc?ziz~z.'.z i, Uu? Lumutiun, consistent", of course, with rr proper orotectlon of the interests of both parties. 2. That,, li In my judgment and that of, afesocl^to counsel, lt !? wise to do so, I be authorized to propose to the company that the issues be sub mitted upon an agreed statement of facts. 3. That, subject also to my judg ment and that of associate counsel, I be further authorised to propose that the citizens interested be given a reasonable time to present a petition?] of.a majority of the freeholders ask ing for an fiction upon the Issues, auca eiuut?uM ci ?ourse to DA held If ?nen petition be filed within ?sch time. respectfully submitted, G. CULLEN SULLIVAN, City Attorney. Anderson, S. C., November 9th, 1914. IF BILIOUS? SICK OR CONSTIPATED TAKE CASCARETS j No headache, badi cold, soar stonv nob or costive bowels by Mortung. Get a 10-cent box now. . . J You're bilious! . Ton have a throb bing sensation in your head, a.bad ' taste in your month, your eyes burn, you.* akin la yellow, -rith dark rings , under your eyes, your lipa are parch ed. No wonder you feel ugly, mean and lil tempered. Tour system ia full of bile Bot properly passed off. and ' what you need ia a cleaning up ut- 1 side. Dont continue being a bilious ' nulsnncn tn w?Tir??lf mr*A ~'??S love yon, and dont resort to harsh ' physics that Irritate and' Injure. Re- , member that moat disorders pt the stomach, liver and bowels are cured by morning with gentle, thorough Cascarete-they work whits you sleep.' A 10-cent box from your druggist will keep your liver and bowels clean; ! ; stomach, sweet, and your head clear tor months. Children love to take Cai)carets because they taste good and J never gripe or sicken. Feeling Folks, George W. Parkins, discussing in ' New York ihe iniquitous war prices, said: ! "France, under tbs heel of an In- , vadlng anny, did not the prices' ot bar bread, her wheat, bar milk or other necessaries a elogie cent. But we! "Our food speculators tell na there ta good reason for war prices. They ka cw we dont believe them,.but they ?ray cynically: ".You cant fool all the people all the Urne, but there'a minions in fool ing part of the people part of the time."-New York Tribuns. Gallant Major-It's glad I am to I nee you again, me dear lady; bat what j I waa lt that was troubling you? Convalescent--I* wa? vary, very i major through ptomaine poisoning. I Major-Dear, daer, now! Wbgl wit! that an' delirium tremen a you navet knew what to eat or drink no wada; I-Londoc Punch. SKSSSSSBSBBBai ITO THB >AV'S PROGRA "Broncho Bill lr reel Future. Draal STUDY IN FEET" Comedy-"V ! tagrauh? by the feet of tho players and it - . % i) ) ' . : ERROR-LOVE AGAIl Selig-A lant?n Drama. rrHE POTTERS WIFE' Edison-Drama. In showing the Great Sereu Keel "ABM this. During an entertainment giren L .1 the engineer. Dechelette, the former j model, Fanny Le grand, comes across the worthy diminutive Provencal Jean I Gaussin d'Armondy, Who is studding law in Paris. Sapho- called on Jean from the time at his student's quar ters, and after nursing him through, a long illness, she succeeds in decid ing him tb keep her wit!* him. One' day .the- Sculptor, Gaoudal, lifted' a corner of the veil that hld Sapho's past; th i sm ade Jean jealous and Sa pho appeased him by the surrender of her ' old letters. The initial frail link bas. beca turn ed. Into a solid chain that-nothing can break. At tunes Jean is indignant St??* 'TtV-ltZ, -Ut S?pu? c,] Troy o JJ cia the better of hun. After some high, words with Sa ph ? and on the Invitation of his uncle, Ce salre, Jean takes a-trip to bia native home; aaa he is thought tx? be saved Mn hist his family. ?| THIRTEEN STAT?S QUARANTINED - Extended to Delaware, New Jer sey, Rhode Island and Ship ments From Canada. t Ey Associated Fresa.) WASHINGTON. Nov. 9.-Colder ?weather, with, rain was hailed by de rtment of agr i culture officials to oday as a powerful ally In their cam sign to repress the rapidly spreading ive stock foot and mouth disease, epf emic Encouraging reports, came rom some sections, but news ot more ^affected districts caused the d?part ent to extend the federal quuran ine to include Delaware, New Jersey d Rhode Island, and-to. bar. cattle ?shipments from Capada. Thirteen States are under quann ine. While no casca of the disease have ^>cen> found In Canada, the quarantine s to prevent the. return of infected ttlc cars to the United States. It ?will stop shipments of cattle into the ?united States valued at ?pproxlmate y ?8,000.01)0 a year. The effect of the Canadlau quaran? |tlne on the' meat situation cannot be stimated immediately, according to upatuireut ?l?cn?a? H wii? depena Whether Canadier, Importa haye for immediate slaughter or fat ning purposes. Reports from Pennsylvania today ndlcated that the disease had spread. The good people residing at Brogow Mill evidently do'not subscribe to the race suicide theory as the record yes terday would seem to indicate. A fine boy waa horn to air. and Mrs. H. firent, at 102 R street. A prettty little girl comb to Mr. and Mrs. Will Hightower at lil P. street: I A Ano boy came to Mr. an J Mrs. A. f^ at.M-R.alfaat. M. KO RACE SUICIDE MRI People Don't Like the The Seci often tics ia UM hm It r.n nuUcn-pcrmlttin Worran Stree ly the Vagabond" IB-Etisuuay. contains a world of fun and (ST GOLD" 9 rica" picture st ten oVIork In soon 'as he returns Sapho re gains her hold on him. At the pressing request of Sapho, Jean adopts a child, in total ignorance that the child ls the son of Flamant* condemned for forgery, through, his lore for Sapho. One day Dr. Bou chereau meets Jean in a train and Invites him to his house where he meats' the doctor's young niece. The' young people fall In love with each other and become engaged. ' Sapho compels him to give UR all thoughts of marriage. Recognizing that thia' life ia' Irretrievably bound with that of Sapho, Jean announces to his fam ily that he is going abroad with his friend, His family reproach and even curse him, especially his father. How ever iie i eu mo inst ms mtstrei.3 has received a visit from her former'lov er, the father ot tho child, and.! mad dened by Jealousy, he insists that Sa pho go with him to Amsrica. Ft-iia nately for him, lt la she who leaves him. * -i- - -?-fir?-|" - - - - -i-i-?--b-ii-,-i., nfl r,ii n.-, r,-ij-i ,-i_?J Women Suffer Terribly From Kidney Trouble. Around en her feet all day-no won der a woman has backache,', headache, stiff swollen joints, weariness, poor sleep and kidney trouble. Foley Kid ney Pills give quick relief for these troubles. . They strengthen the kid neys-take away the aches, pain and weariness, weak back. and swollen echin; Joists to bidncy C?4 blad der .trouble. Try Foley Kidney Pills and .see how much better you feel. EVSUB Pharmacy. . . . THEA TRE TODAY'S PRO&BAH. Tfce Million Dollar Mystery.. .. . . .Thanhouser Eplstt-le No. 20 entitled ?TJie Secret Warang" la full ot thrills ?id the mystery seems to get deeper than ever. Thc Black Hundred are trying to recover the napers stolen by Florence In thc laat Installment. The End of the Alley.Broncho 2 reel wester?! drama of the mining* section. Vivian's Transformation V. . .Crystal Comedy. Coming tomorrow "Olaf ?rtekseo Boss" 2 red Rex, "High Spots en Broadway," Keyaton? comedy, *Seer?t Service 8aita% Sterllnt comedy ?nd "The Cripple,' Thahbouser. Coming -Thursday ?<The Trey Q'Hearta" No. 9 Coming Friday "My Lady Baffle* ta Hie Mysterlow Heaa," g reel 101 Bison with Grace Cunard fud Francis Ford. ?et of a Good Figure ?.?amt. lt ?iMtti thebe?tV'i. fterwathralo _. ??thcdHbitK LUt, ?7l??DC?t',. feSiTa?S*v ooly ?ia fciO' inaarfwttfurawii > rio? wiUwri rtrtoi^ -^r-irr. u \>g ?rritbw ls at. ftri tar tat 4how in.r sf ylcs-thnt ?rc te hts* r*Tor. J AM IN vt JOHNES . l^^^is^is^l^l^B^is^l^l^l^^Hlaa^l^l^i^B