University of South Carolina Libraries
W ' < F-- * k -The Press and Banner ABBETILLE, 8. C. t^~Publl?bed every Wednesday at 82 a year In advance. | Wednesday, Nov. 1, 1899. Brnce'd Re?t?iirant. ( Go to Bruce's Restaurant for meals at all honrs. Bruce's Restaurant Is open for the Fall and "Winter trade. Bruce's Restaurant Is open day and night knock and tbe door sball be opened untoyou 1 The Literary Club will meet at the home of < Judge Gary the second Friday Instead of tbe I f first Friday night. WELCOME HOME. ] . i Mr. James M. Bnher of Washington la at Lowndesvllle and Abbeville. Last week we forgot to note the return of Mr. J. M. Baker from Washington, wbo came on a visit to his old home aDd to bis old friends. Mr. Baker Is a most efficient librarian in the United Htates capita), and gives universal satisfaction. Lowndesvllle has rea Bon to be proud of the suocess of her young J men. and especially of the Baker brothers. Mr. C. T. Batter Is now captain of a transport bip, Mr. Glbbes Baker has a good government Job in New York, and Mr. James M. Baker is Librarian for the Senate. We have i more intercourse wltb Mr. J. M. Baker for the reason that he is at the Nation's capital, and C be always seems to regard it as a favor for borne folks to bother him. ' Mrs. Mary Taggart has returned from Atlanta with all tbe newest Ideas in dress mak; lng and millinery. Mrs. Mary Taggart has brought on a nice line of dress gooi's and trimmings, ladles and mines combination salts, hosiery, corsets, ribbons, handkerchiefs, braids and jet trimmings. Prettiest SO cents corset in town at Mrs. \ Taggarts. Plash capes at S1.50 up at Mrs. Taggarts. 8 ? S r, m/r A. Lady'i Bambllng at B. C. Bernan's. Sterling sliver friendship bracelets and hearts In great many styles with your Initials engraved on them, all the go now, can be found at Bernan's, prices 15 to 75 cents. * Leather purses, card cases and cigar cases, ? with or without sterling mountings, are shown at Bernau's In greatest profusion, you are Bare to find what you want, prices 85 cents to IS. Sterling silver spoons and ladle* and forks from tl.85 each upwards, and In handsome ilk lined boxes, will make an Inexpensive P but useful wedding present. U Better select your Christmas presents now b and bave tbem laid aside, tbe Jewelers Norib are keeping busy day and nlgbt filling orders .and goods will be bard to get later on, and ? you may not get wbat yon want. R. C. Bar- b nan Is getting In new goods every day and you are sure to find something you want now. q WILLINGTON'S BUDGET. * LI II Mod eat Thief?Whiskey and Pistols? n Education and Other Topics. Wllllngton.S. C., Oct. 80th, 1899. f{ Mr. Isaao Porter bas been very slctt for ? some days past but Is out again. He has f been suffering from rheumatism and now u moves around on crutches. p Mr. Arch Andrews Is again restored to *r health. He bas lust overcome a spell of fever. Mm DuvIr Pnrcher returned home tbls " week. She has been on an extended trip to a her motberlo-law. Mrs. Porcber lives loBt. , ' Louis, Mo. dl ' Milton Scogglns, the nineteen year old son ofT. D. Scoggins was very seriously ?hot with ,11 a 88-callbre pistol last Wednesday night. It P' Is not known but believed to have been an 11 accident. Whiskey did It. ni Perrln Wells spent Saturday night with b Ik 31 parents and wblleaway some conscienceless r} thief vUlted the store and carried away flour "> enough lor some weeks. The thief must bave been stealing from necessity and not Irons a 11 natural desire as tie was alone in his glory al and oould have made way with a great deal aJ more than be did. Hunger Is terrible and we " suspect more BtealiDg will be done before ? , winter is gone. di Dr. 8am Cade who was recently romantic- 1 / ally married is building a beautiful residence 11 . ' near his father's, and will begin boasekeep- A rbsi- ? log soon. 11 S. W. Perryman returned Snturday from 8( 'I an extended trip to Augusta. He bas laid In oi a supply of winter goods. n Rev. W. P. Wltsell will deliver an address P on "Education" at the Wllllngton Academy, u Friday night, Nov. 8rd, at 8 o'clock. Public 0 cordially Invited. No admission fee. Music " by the Wllllngton Orchestra and songs by the tc , '< Bchool. 81 Thomas Black is now In ML Carmel study- o log telegraphy under the agent at that place. 11 Miss Kate Jones, of Mt. Carmel, Is visiting Bl .' her sister. Mrs. J. T. Black. 0 ' Mr. O. D. Black, one of our handsome and ? moat popular drummers, ha* become attached " to our neighboring mountain town and Is a found there quite often, so I have been told. R< Mt. Carmel'H loss will be WHllngton's gain. to Invitations are out for a Hallowe'en party Q at Mr and Mrs. John Oliver Hemmlngera's, * 3- Tuesday night, Oct. 81. o ROLLER MILL. f( Along with a friend I visited Martin Shoals ? Saturday evening. The shoal's and land have ? undergone a great ohange? a lair example of what money and energy will do when In the " bands of wide-awake citizens. We underBtand the company Is comlemplallng putting up a large roller mill and grist mill In order [ to nse the surplus 40-borse power of electric- h lty the power will generate. We know of 5 nothing that will benefit Abbeville County " more and be a better paying Investment to ? the company than a good mill at Wllllngton. . , I Bay at Wllllngton for the town 1b only three ' miles (straight line) from the shoals. It Js the best located town on tbe C. & W. u. K. k Tbe mill woald be easily accessible, A good " aite could be secared on the railroad and a large territory well adapted to raising corn ana wheat surrounds tbe town. Besides, , more of Georgia territory could be reached , than from any other town on the road. Now word to oar merchants, call a meeting of J; oar citizens take steps to get the mill If you . want our town to continue growing. It will , be to your advantage as well as for the mill. _ You nave your school, your churches, your J progressive citizens, get the roilor mill and " before tbe one-horse towns along this road knows it, we will have an oil and cotton mill, r B- r ? ? 1* t You can buy a nice C&pe or 1 Jacket from Smith's Dry t Goods and Millinery for very t little money. \ T^7"ANTED ? SEVERAL BRIGHT AND ' ?? honest persons to represent ub as Man- c sgers In this and close by counties. Salary c 9900 a year ana expenses. Straight, bona-flde, t no more, no leu salary. Position permanent. Our references, any bank In any town. It is ( mainly office work conducted at home. Reference. Enclose self-addressed stamped envelope. The Dominion Company, Dept. a, Chicago. Sept. 25,1800, lttt. .jfitntk F0R . 0 li Y And those who are interested in j House Furnishings, would we call at- ! attention to our fine COOK STOVES ] ?"Garlands," "Iron King's," and ' "Superb's." These are sold on MEBIT. ] Avoid the "just as good" bind. If you must have something cheaper, we have all grades. Abbeville Hardware' Co.; "Everything in House-Furnishings." VJTU W iUIIJUlU Ub i/uno 1UI UIUO W*?vv ?v?r. Go to Mllford & DuPre for caotl soap. King oar phone and let oh know your wants and we will do the rest. Mllford & DuPre. PUone 107. Go to Cocbran'B for groceries When you want a good ham call on J. S. Cochran. V I r . ...... ; : v.t; A JL NOW HAS HI! CALL ON HIM SHOES, GENT AND G-LASSW His stock in all ] stock of Dress Goods terials of every conce We always carry finest stock of TOW] rains in FINE BED 11-4 and 12-4 in the beautiful assortment Wool Rug at $5.00, 1 if Sim We have also a fi: t for LADIES', MIS A cordial invitatic arays carry as compl* stock now which nee Tou can be pleased in th< ine of Silks and Satin ihown by Smith's Dry Goodi ind Millinery. NOT SO EASY TO CHEAT. 'he Supreme Court It* Looking Afte the Trick* by Which Innnrnnc Companies no Often Defeat thel Customer*. In last week's lssne we showed that our Sv reme Court bad laid down principles pr: ?ctlng the rights or the people against forelg ulldlng and Loan Associations. Our Supreme Court has been equally carefi 1 guarding the rights of those sustaining lot y Arc under policies of insurance. Tn the case of Copeland Western Assuranc 0.485. C., 26 the following principles wer tated: 1. That where the defendant claims the ieplaintiff has not a right of recovery o ae policy of insurance, by reason of the fac iat he failed to comply with the requiri 16Q18 0i me policy, BUCil oojbcuuu LLiuai u :t ud in bis answer to tbe complaint 2. Tbat where tbe defendant sets up a d< mse In hlB answer that tbe plaintiff Is barre f bl? right of recovery on tbe policy of losui oce, by reason of bio, failure to perform cei tin things therein required to be done on hi art, it is nob incumbent on the plaintiff to ir oduce testimony showing such performances b, im, and consequently a failvre to introduc ich testimony does not entitle the defendant I n order of nonsuit. 3. Tbat where tbe defendant seta up sue! efence in bis answer, and tbe facts brougb at during tbe introduction of plaintiffs tea mooy In chief show tbat there has not beei erformance by the plaintiff of such require lenisofthe policy, still the defendant wouU ot be entitled to an order of nonsuit, becauc tch order would deprive the plaintiff of hi ght to show waiver or estoppel on the part q ? defendant to make such objection' in tbe recent case of Kingman Lancaste Co., 154 8. C. 599 these Drinclples ar thrmed. Tbe Court In commenting on th oove mentioned case and others sustalnlni le same aocirme uses uim muguuKc; These canes show that forfeiture la matter o afence, and that plaintiff may show waive t rebuttall of evidence of forfeiture, althougl 1 these cases waiver baB not been pleaded ppellant contents, however, that sec. 18a c ie Code leads to a different conclusion. Tba fctlon reads: "In pleading the pertormanc t conditions precedent in a contract, it sbal ot be necessary to Btate tbe facts sbowln erfomance; but it may be stated generall; lat tbe party performed all the condition a bis part; and If such allegations be con overted, the party pleading shall be bourn > establish, on tbe trial, tbe facts shotvlni jcb performance." In this case the core laint alleged tbe performance of all condl ons of tbe policy in the general terms c >ctlon 283. and tbe answer contained a denia f such allegation. In the first place, we d ot tblnk tbe production of the inventory iken previous to tbe issuance of the policy fter a loss, is a condition preoedent, which 1 ame act or event necessary to make contrac ike effect. It is rather a condition subse uent, which is Intended to defeat a contraci rblob being matter of defenne, need'not b otlced In plaintiff's pleading. A forfeitur oes not make a policy of lnBtirance void lps )Cto. It is merely a ground upon wbich th olicy Is voidable at tne option of tbe Insure! 'urtbermore, if forfeiture is matter of defens* s tbe canes cited established, then unde action 174 of tbe Code, such defense, nc onstltutlog a counter-claim, and being mat Br in avoidance, need not be replied to b; lointifr iinleun rnnnlrad ho to do bv th 'ourt od defendant's motion. Davla \ cbmldt, 22 8. C., 128. Then, In reason evl ence of waiver on estoppel ought to b (lowed lu reply to evidence to show forfe are, for to show one estopped to asset jrfeltare for non-per-formance Is In effect t how performance. ? * Provisions for forfeltnre In an lnsuranc ontract are for tbe benefit of the Insurer, an nay be waived at the Insurer's option. A tated before, the policy Is not void for breac f condition, but merely voidable. If tb osurer does not chose to assert a forfeltun be policy stands by virtue of tbe orlglnt onslderatlon. Waiver does Invole the ai ent of the Insurer, since It Is "tbe Intentions elinqulsbment of a known right," but tbl ntent to relinquish the right to avoid volley for breach of condition may be ev lenced by acts or conduct of tbe Insure fter knowledge of a breach, recognizing tb n? o walM ?? iot \ nor mnfrun! or t h "JllVJ ? surer may be estopped to deny intent t ellnqulsb Its rlgbt by such conduct aftt mowledge oftbe breach as puts the Insure o trouble and expense on the reasonable b< lef tbat tbe Insurer regards the policy t alld. We have brought these rulings to tbe attei Ion of tbe public 10 apprise the people < heir rights, and to warn them not to sarlfft heir rights by disadvantageous compromlc ifter a loss has been sustained. Under the rulings of the court a plaintiff lotapt to be non-suited, hut to have hlB cat sonsldered by tbe jury, In which case It ma ionfldently be expected tbat Justice will t lone between the Insured and the Insurant :ompany. EARLY NEWS rhiit is What Is Wanted In Ever Printing ?nice. Tbe Tattnall Journal admonishes Its corr spondents to send in the news promptly, as lot-s not want to "publish a birth after tt :hlid is weaned, a marriage after the hone; moon is over, or an entertainment alter tt lob printing 1b done elsewhere." Wby an Euicluc In a "She." Ad exchange says this is the reason a BDglne is called "she." They wear a Jacke an apron, shoes, hose and drag a train b bind them; they have a lap, need guides, rlc wheels, will not turn out for pedestrains an pedestralns and sometimes refuse to wort attract, men. ftr? Hnmatimefl verv coi tary and, Its always takes a man to manaf them. ? Local* of J. R. Glenn. Kennedy's fine cakes and crackers at Glenn "Uneeda" Jtnger and banquet wafers, saltt sodas, brownies, ice cream and cbocola cakes. Fresh bams, B. strips, mackeral, cheese at macaronla at Glenn's. Soap, soda and matches almost given aws ill uiena's. Almost anything a housekeeper wishes t< her table can be had at Glenn's. High quality, low prices, prompt dellvei at Glenn's. Phone No. 116. Seed barley, rye, wheat and onions setsi Glenn's. 14 lb. keg soda for only 25c. at Glenn's. >:;V ' ' ' . ' - . ' 's.. . . -- fc? j_ i III iim aanweg i i ! i >. 3 THREE LARGE STO [ AND YOU WILL FIN S' FURNISHING GOOI ARE, GROCERIES A Is ines has never been laree In this department tl livable kind for making \ a good stock of EMBRC ELS we have ever showr BLANKETS as we are < same proportion. Our ever shown in our city. winch is worth SJ57.00; on i ill Ming is Km Be ne assortment of CHILD SES, CHILDREN, ME* )n is extended to the peo 3te a stock of MERCHA ds to be moved. It wil 3 AN HONEST COURT. 8 g Blocks the Shrewd Rascality of Bnlld- N Iok and Lonn Associations. The Supreme Court of this State cannot be used as an aid or shield lor tricksters, who would take advantage of our people. Mr. te Justice Gary of our own olty, we are pleased to see. takes a leading part In defending the tb people and will not lend himself to the perver- to r slon of law and Justice, even at the instance e of the great and rich corporations which set r traps for unwary feet. These foreign gentle- w men will be required to perform their part of ^ contracts in this State: ? m '"| Tbe Supreme Court of this State has recent- ce n ly decided a very Important question In re- tb sard to tbe rights of tbe people against foreign . Building and Loan Associations. bl " Tbe facts of tbe case and tbe ruling of tbe iB Court will appear from that part ol ttie opln- tb Ion delivered by Mr. Justice Gary as follows: de "Tbe appeal herein is from an order dlssolv- cc ;e Ing an attachment, which had been issued on ai e tbe following affld?vli: Bright Williamson, ed tbe plaintiff above named, being duly sworn, P> 11 says: 1. That the defendant above named, of ? tne Eastern Building and Loan Association, ot 51 of Syracuse, N. Y., is a corporation duly m s" organized and chartered under tbe laws of tbe ei 0 Stale of New York, and tbat the said assocla- P' tlon Is justly and truly indebted to the deponent in the sum of $1,662.60, with interast from ai d the 29tb December, 1897, as follows: on the w r" day of February, 1891, deponent having or r made application for membership in the EaB- PC 8 tern Building and Loan Association, of Syra- P< 1 cu*e, N, Y., subscribed f<<r and received twen- er y I tv-flve shares, under a contract by which be be e I was to pay SI per share membership /ee, aDd th 0 thereafter seven-flve cents per share, or $18.50 wi monthly lor seventy-eight months, and upon de ? his bo doing the said association was to pay rlj 1 him 8100 for each share sixty days after accep- tl( '* tanoe of satisfactory proof of such payments. wl a That afterwards, on the 19th of April, 1895, Jo deponeni In accordance with the by laws bor- pr 1 rowed from tbe association tbe sum of ?987.50, an e with the understanding and agreement that dc * he would pay as interest tbe sum of 86.25 each de / month until tbe expiration of tbe said seven- th ty-elgbt months, when bis said loan would be la r extinguished by deduction from S2.600, the sti 6 value of the sbarea That deponent paid said sb 6 membership fees, tbe aforesaid monthly dues Jm 5 on bis stock, and the said monthly interest th on bis loan until tbe full expiration of the re< 1 said seventy-eight months, and then with- stl r drew from said association, gave notice to tbe ' wl ? association, furnished the satisfactory proofs dc of bis compliance with his part of said con- th '[ tract, and made demand for tbe sum of $1,662. pu 1 50, tbe same being 82,500 less 8937.50, the th ? amount of his loan; but that though sixty wl l days have since elapsed, tbe said association vo ? has failed and refused to pay deponent tbe de P said sum of $1,562.50. wl s "Thn niatntiff introduced in evidence a pr ' circular Issued by the defendant wbicb 36? 11 among otber statements contained tbe follow- Ac 5 lng: For tbe Investor: Tbls association Is- J ' sues tbree classes of certificates, designated as nc Instalment, paid up, and fully paid up. All lie '[ of wbicb are guaranteed to mature In 6 1-2 ca 11 years; amply secured by first mortgage on ,sei 0 real estate; paid up stock doubles In 61-2 In [ years; fully paid up certificates guaranteed bo quarterly dividends, seven per cent, per an- m ? num. For tbe borrower: Tbls association J 1 bos no auction sales, no bidding for loans, pu ;* and a definite time for repaying a loan. Tbe as only association making a contract definite de e in every particular. Withdrawal value mi 6 clearly stated, and never leBS tban tbe * 0 amount paid in instalments; stock matures nc ? In 78 months. Borrowers know the exact ed r* amount required to cancel their mortage." mi After considering otber questions in tbe va r case tbe Court proceeds as follows: m rt, we Will neXL cuuuiuer wuetuer inert) wan >o error Id determining that the plaintiff dirt not se< y have a cause of action on the ground that his an re claim was not due and payable. Ifthisques- tb Hon had to be decided solely upon, tbe plain- an '* tiff's affidavit, it would undoubtedly appear is te tbererrom tbat a cause of action exists in '* favor of tbe plaintiff against tbe defendant. >l 2. Tbe defendant, bQwever, Introduced in ? evidence tbe charter and by-laws, for tbe purpose of showing tbat tbe shares of stock are ? far below the value of 8100, and, therefore, d. that tbe said shares have not matured. Tbe ? agreement alleged lrf the plaintiff's affidavit . h and the by-laws present Bcemes for maturing ?] 6 tbe sbarea otstocfc tbat are radically different. B< Tbe provisions of tbe said agreement and of 03 ll tbe by-laws for maturing the shares ot stock, 3: are repugnant and in irreconcilable conflct. &] 11 Tbe question Is thus presented for this Court 18 to decide which shall prevail. It is a well 8 known fact tbat comparatively few people 1* wbo become shareholders In such associations r. are familiar with their by-laws. They rely , e upon the honesty, integrity, and fair dealings e of those who manage the aflalrs of tbeassocla? tlon. It Is also a well known fact that the by- w -r laws are frequently intricate and almost d unintelligible to the average shareholder, 5* and that thoBe In charge of the affairs of the J '8 association usually become exceedingly ^ expert In the Interpretation of them, thus giving the association a decided advantage in Jn 3l the way of Information over the shareholders. J?1 Publlcpollcy.lnordertopreventtheperpetratlon of fraud, and to prevent J ust such a case lt i? as we now have before us, In which the plain- 18 tiff alleges tbat he was Induced by the express v? , promises, and the literature of the defendant, 811 to part with bis money. In purchasing Its br 'e shares of stock, demands tbat the defendant ,y should not be allowed to elect whether it will ' be bound by Its by laws, or lts express agree mentasto the time when the shares would :e mature." ? "It Is also argued that the agreement fixing B" a definite time for the maturity of the shares ? was ultra vires. ? ? ? tic If the agreement was ultra vires, and the ? association entered Into It knowing It could not perform Its part thereof, and thereby luduced the plaintiff to part with his money 11 In the purchase of slock, then it was a Pr y tort, and the defendant would be liable there- <Jt( for. Furthermore, even if the agreement was d<1 ultra vires and the defendant could Interpose e)l e- this plea, it would not be allowed to retain P? it the henefits which It derived therefrom, and co le tills would el ve the plaintiff a cause ofactlou. !e y It will tbu6 be seen that the Supreme Court ?}' le of this Stale protected our people from the vl imposition that was attempted to be practiced wi upon tbem. . hf ac Mrs. Taggart has a large stock of perfumery, Jjj sachet powdars, toilet waters, borated talcum. ? and other face powders, also dental and bay j hazel creain?, hair tonic of qnlnere and bay- 1"! id rUD1, br c; Pompadour combs with and without Jewels. |n n-' Mrs. 'faggarts. 8h Mrs. Taggart will save you 50 per cent, on T1 millinery. be Mrs. Taggart can tell you what to wear and If how to make It, what to buy and where to ? buy it. ? Mrs. Taggart leads in dressmaking. Dresses m 's cut to fit and made to order. :d 01 le m . m su ac id Pipes, pipes, pipes In any quantity at Mil ford & DuPre's drug store. LV Mrs. Taggart still leads in both quality and noi/inn rtn mil II nflft' JJKbOO WU u.. ...uv j. m or You will make the mistake of your life if 10 you buy your toilet articles before Inspecting our line. Milford Jc DuPre. ^ Dr. Hill's headache powders never fall, ai al Try them, for stile by Milford & DuPre. lo Strengthen your lungs before cold weather by taking a bottle of Dr. Neuffer'u lung tonic. For sale by Milford <fc DuPre. C< - . > . : . '? J t H 4> . * T. IRES FILLED WIT! D IN ABUNDANCE DS, HATS AND CAI rD HARDWARE, sr, more attractive or ley will find Silks, Se Vaists, Skirts and Fu )IDERIES, and this ! 1, ranging in price fro offering now. We \ stock of CARPETS .Here is a sample 01 e at $2.85, worth $4 i il Prices Never K REN'S and BOY'S C 1 and BOYS. pie of Abbeville Coue NDISE as can be foi 1 i a ir> u-t i uu uiuveu ii T,nere is ONE AT A TIME. o Man Can Hold Two Public Offices In Sonth Carolina. ine state. When the constitutional oonventloa adotd tbe clause prohibiting the dual, triple and 'en quadruple holding of offices In this ate, bo prevalent at tbe time, It was lougbt tbat an end would be put to the ousm. But tbere have recently been many inanceB of It brought to tbe attention of tbe iblic. In several cases it was puzzling to know hicbof the offices held by certain men were u-ant under tbe operation of the constituan. In order tbat be mlgbL act without lstake In such canes, Gov. McSweeney rently obtained tbe following opinion from le assistant attorney general: Hon. M. B. McSweeney, Governor, Columa,B. C. Dear Sir: Yon desire to be advised whether ie same person can be a town warden, jputy sheriff, Jailer and a member of tbe mnty boaid of control at the same time, id If not. which oftbese positions are vacat I. The constitution in secuon 2, article a -ovldes: "No person shall bold two offices honor or profit at the same time." Hence ir Investigation must be directed to deterIne whether more than one of the above inmerated position Is an office of honor or ofit. An office 1? defined to be a right, authority id doty created and conferred by law, by blch, for a given period either fixed by law enduring at the pleasure of the creating >wer, an individual is invested with some trtlon of the sovereign functions of the govnment, to be exercised by blm tor the ineflt of the public. Now it Is manifested at this definition applies to the town irden. Such an office is oreated and so mominated by law and is Invested with a ?ht and duty of performing important func>ns of government. A town warden is, Ith certain restrictions, the legislative and dlcial power of a municipality. The suerne court in this State in the case of Alexider vs. MoKenzle, Second 8. C., 81, lays iwn the rule here set forth. Likewise a puty sberiir comes wiimn tne purview or e above definition. The affloe la created by w (sections 713 and 714, volume I, revised itue): the appointment 16 made by tbe erlff subject to tbe approval of the circuit age and tbe appointment 1b evldenoed by e sheriff's certificate. Tbe deputy may be quired to give bond and most sign a conitutlonal oath as well as other oaths, and sen thus qualified may perform any of the itles of tbe sheriff. It is clear, therefore, at be Is an officer. Likewise a Jailer is a bile officer. Tbe office Is created by law, e appointment must be In writing and filed tb tbe clerk of court (Sections 526 . 527, lumell, revised statutes. Tbe duties are fined by Btatute and are of a public nature, th penalty for non-performance. Tbe sueme court In tbe State vs. Sellers, 7th Rich. I. takes tbe view that a Jailor is a public ofer. Members of tbe county board of control it only come wltbln tbe definition ot a pubi officer, as above set forth, but are speolfiIly created and denominated officers In etlon 0 of tbe dispensary law of 1896. where It Is provided : "A member of tbe county ard of control shall qualify and be comlssloned as are other couifty officers." \h all lour of tbe positions suggested are ibllo offices of either honor or profit or both, contemplated by tbe constitution, it Is evl t that no person can hold either two or ore of tbem at tbe same time. \s vour communication does not state the imerlcal order In which the above mentionoffices were accepted, It Is Impossible for e to deolde whlob office or offices have been cated. However, that matter can be deterIned, for It is a well established rale, (State . Butts 9tb, S. C.,) that the acceptance of a cond office Is Ipso faoto tbe abandonment d resignation of tbe first. Hence tbe first ree of these offices accepted were vacated d tbe last, If there be no other legal reason, In force. Very truly yours, U. X. Gunter, Assistant Attorney General. Don't fail to see the line of hoes for ladies and children Bfered by Smith's Dry Goods ad Millinery. THE TELEPHONE. as It by tills Means tbat the Almighty Talked to Moses on Sinai. ["he wonder of the world is the telephone. rerytblDg el?e can be aocounted for and plained, but when the explanation Is made full of how the telephone workB, the raysry still remains, for, lo, the voice of a friend luureas 01 miieh awny comen huuuuiui; uole one, &e though face to face, and the fact made clear that there is a divinity in that ice that distance, and roaring storms and I the clamors of a mighty world cannot eak one tone of. It is as when the Infinite oke to Moses on Sinai, as when, after all e clamors had passed, the still small voice >ote upon the ears of the seer and he knew at Goa was nigh. One asks a question, his ?n voloe dies away in the room in which be s, but a moment later out of the darkness voice replies, and he knows tbat his ques>n bas penetrated all the space for hundreds miles, and tbat the answer has come and ought with It all the tones tbat love or endshlp would demand for identification. Is easier than formerly to believe tbat tbe ayer preferred is recorded on the receiver of srnlty and that sometime proof of man'sj imlnion over not only tbe earth, but all its aments, and tbat he bas been from the first issessed a Uiviniy which is sufficient to mmand and make a servant of mere matr, tbat his place is, after all, only a little wer than tbe angels, and tbat when tbe en> ronment of this world shall be cast off he III find that instead of death being a close it but the opening gate to a higher and freer 'e. We bear a bell, and a voice tbat we tve not heard for months or years responds, id so we know that voice is still, with all e old tones, to be heard. Who shall say at when another summons comes we shall lb IJCttl TUIUCD lunv WO bu V/U Kill UI%V. VUV rever In whispers, hear them with all the d rythm sweetness? Listening, there is oueht to ur the music of ad orchestra play* K hundreds of miles away. What music all we hear when the final key Is touched? je storm, the Interposing mountains, the torn of cataracts or the roar of rushing ains?none of them Interpose any barrier; hat will he that music that will come to us ben all the barriers are removed and upon ir sublimated cars strikes the far-off Ighty, but Incomparably sweet refrain ? What Is going on ought to exalt men, it ight to make them humble, for why should ich specks as they be given the blessings id the glory that are bestowed upon them? Heavy groceries, such as bacon, flour, Mard eal, at the lowest prices. Special prices In 0 and 200 pound lots bacon, at Cochran's. When you want anything In the grocery ue, fancy, staple or heavy, call up 'phone 66, id It will come to you at once. Best quality, west price, prompt delivery is my motto. T U rVv?V. n ? Fresh mackrel, whiting and canned Ash at )obran'B. :' " : ' >.'': ' " ; V * : : IV7IB!V H THE MOST DESIE ] DRY GOODS OF AI 5S, MATTING-S AND cheaper. The ladies itins and Velvets, all-w ill Suits from 5 cents t< season we are stronger m 5 cents to 50 cents < vill sell a 10-4 Wool B] 1 is much larger than f some of our prices: .00, and one at $2.00,1 in. K( it as m JLOTHING. Our lim ity to call on us whene md anywhere in uppei i any virtue in low pric T ffilfl'S il By virtue of the power confert red by tbe will of JOSHUA ASHLEY, deo'd.' and by authority of the Coart of Probate for Abbeville Coanty, I will sell at pabllo outcry, on WEDNESDAY, the 22nd, of NOVEMBER next, at tbe late resldenoe of tbe said Joabna Ashley, deo'd., tbe real estate of ?ald deceased, comprising TWO HUNDRED and TWENTY ACRES of valaable farming lands, to be sold In two tracts. Tract No. "1," or the Homesteau Tract, containing One Hundred and Thirteen [113] Aores, more or leas, bounded by lands of Callabam, Bryant, Brooks and otbera. Tract No. "2," containing One Hundred and Seven [107] Aores, mrtFA nr Imo hnnn<1oH Kir lanrio nf Prnrttra P. A. HaddoD, A.. F. Car wile and others. Plate of same exhibited on day of sale. ALSO, at tbe same time and place, I will sell the PERSONAL PROPERTY of said deceased, consisting In part of Male, Cow and Calf, Household and Kitchen Furniture, Plantation Tools, <bc TERMS?CASH. Purchaser to pay for papers and stampB. JAS. R. ASHLEY, Oct. 80,1899, tf Executor. The State of South Carolina, COUNTY OF ABBEVILLE. PBOBATE COUBT. In the Matter of tbe Estate of Joshna Ash- I ley, Deceased. > Notice to Debtors and Creditors. A LL persons Indebted to said estate mast settle without delay, aud those holding claims against the estate mast present tbem properly attested to JAMES R. ASHLEY. Oct. 80, 1899, tf Executor. You Preparing your lands for Wheat and Oats?Good. Be sure you plow deep, by using the "Chattanooga" or "Syracuse" turn, sub-soil and hillside plows?Better. And then put in your grain with an "Osborne" disc-harrow?Best. Abbeville Hardware Co. "Reliable Farm Implements." MUTUAL II HIM! $ 425,000. "TtTRITE TO OR CALL on the!underslgned ? ? or to the Director of your Township for any Information you may desire about our plan of Inauranoe. We Insure your property against destruc tlon by fibe, mmm os utnmn, and do so cheaper than any Inauranoe Oom pany in existence. Remember we are prepared to .prove to you that ours 1b the safest and oheapeat plan of Insurance known. J. B. BLAKE, Jr., Agent, Abbeville, S. C. j J. FULLER LYON, Pres. Abbeville, S. C. j < O < BOARD DIRECTORS, j I J. Add. Calhoun.. Ninety-Six Township i m. Rflninmin Greenwood " G. B. Riley Cokeebury " W. B. Acker Don n aids " M. B. Cllnkscalea .....Due West " T. L. Haddon Long Cane " J. W. Scott JSmlthville " Joseph Lake White Hall " J. W. Lyon Indian Hill " < Capt. John Lyon Cedar Spring " W..E. Leslie Abbeville " . Dr. J. A. Anderson.Diamond Hill " H. A. Tennent Lowndesvllle " A. O. Grant Magnolia " i J. B. Tarrant Calhoun " ] G. N. McKlnney Bordeaux " Abbeville, S. C., Jan. 18. 1898. , WANTED. OLD CAST IRON of any kind. SO cents J per hundred pounds will be paid at the ' shops. \V. P. BEARD, ( At Cblcquola Iron Works, Oct. 17,1869. Abbeville, 8. C. ( |JL JKm 'able and seaso] jL kinds, clothii rugs, crockery, cannot fail to be pies ool fabrics in the difl o $2.00 a yard. in this line than ever Bach. We have neve Lanket at $3.00 a pair, usual, and as for RU We will sell an extra arorth $3.00. All Prices, l? M -i 3 of UNDERWEAR is ver in need of goods o r South Carolina. "\ es. Come and see. xv. w E. F. GILLIAUD, /.TAILOR,;. HAS moved, and occupies the rooms op stairs In Knox's Hall, and Is now pre pared to do all kinds of repairing and olean ing of gentlemen's clothes on short notloe. Samples o 1 salts always on hand. Charges reasonable FOR SALE. I OFFER FOR SALE FIFTY ACRES OF land within the incorporate limits of the town of Abbeville. Can be divided into two tracts of twenty-flve acres eaob. Title# perfect. Terms easy. Price low. Apply to J. W. W. MARSHALL. Nov. 1st, '99. Wood Choppers PAN FIND a iob cutting elgbt foot cord V/ wood by applying on the place to . MOSES TATE. Nov. 1,1899. TO RENT. TWO WOOD SHOPS and a BLACKSMITH Shop, situated across tbe street from Walllngford & Russell's Stables. T u tf A DTTXT o, ax. f . Oct. 14,1899. tf Cave, 8. C. ABBEVILLE ISPM ID. REESE, SURGEON. T*HE place to carry yonr SICK WATCHES and BROKEN CLOCKS, where they will be looked after and attended to at all hoars of the day with skill and experience. No tarnlng yoa away or sending Patients off to have them treated elsewhere, bat I will pat them going at prices to salt the times. ffedfliniE Presents, Clocks, and JEWELRY. rnces i/uwu. H. D. REESE, THE PEOPLE'S JEWELER. Apportionment of the Public School Fund of Abbeville County for the Year , 1899-1900. Amount to be dlsDlstrlct No. of bursed by districts Sebool. for# scholastic year 1899: Dlstrlot No. 1 8 212 55 District No. 2 304 95 DlBtrlct No. 8 W2 93 District No. 4..... 247 88 District No. 5 105 35 Tllatrlnt. No fi 184 90 District No". 7.~. 431 45 Dlstrlot No. 8 - - 565 78 District No. 9 ?S5 98 District No. 10 918 05 District Nan 763 97 District No. 12 .. 547 K District No. 18 694 61 District No. 14 - 892 70 District No. 15 ? 528 34 District No. 16-...- 328 86 District No. 17 4to 75 District No. 18 - 169 65 District No. 19 495 10 District No. 20 346 55 District No. 21 893 22 District No. 22 ?2 District No. 28 436 78 District No. 24 - ^49 01 District No. 25 407 50 District No. 26 249 08 District No. 27 477 31 District No. 28 ? 371 25 District No. 29 447 50 District No. 80 31? 05 District No. 81 468 16 District No. 82 283 04 District No. 88..'. 306 10 Distriot No. 84 215 15 District No. 35 ? 100 '? District No. 86 167 50 District No. 87 445 <8 District No. 38 976 10 District No. 89 676 20 District No. 40 277 20 District No. 41 - District No. 42 District No. 43 416 68 District No. 44 188 12 District No. 45 215 15 818,879 78 The public will observe that the apportionment is very much smaller in some school districts for the present year than for the past. This is due to several causes, to wit: Some School Districts overdrew their apportion ment for the previous year, and the overJraft was deducted from the present apportionment. In some districts fewer pupils bave been reported, the total Dumber of cbllIren, however, bas been Increased which decreased the per capita rate. The main canse of a decrease in fund is the fact that the apportionment for last year through an oversight) was more than the funds actually on hand. Apportionments are nanort nni on a r??rtftlntv. but necessarily on in approximation. Respectfully. J. 8. GIBERT, Co. Supt. of Education. When you have flannel to buy look at HadIons. When you need a winter wrap look at Hadiona. Why suffer, when Dr. Hill's Headache PowJerwlll relieve you Instantly. For sale by Vlilford & DuPre. Phone 107. A new lot of black crepons for skirts, Just ecelved at Haddon's. Mllford & DuPre has Just received the finest _lne of perfumery ever seen In Abbeville. L A IVvO icoouuauio. "Yaobt Club" salad dressing, olives, pickles, tour and sweet, saucer catsup, tbe best, at ^ocbraD'B. Oat meal, oat flakes, graham flour, etc., at Cochran's. It you smoke or chew tobacco you will flnd lomethlng to suit you at Speed's. - ' RBBBMBM STABLE GOODS. TG, BOOTS AND FANCY CHINA ised with our immense ferent colors, and mabefore. We have the hofhrft Tmrl aimh hfl.r '* N/VAVA V **V%Vfc M/vkwaa rvwvM , worth $4.00, and the G-S we have the most large genuine Smyrna SMI. > complete; We have f any kind- Weal- if We have a mammoth . ^ Jtiite. | HOTICE 0? BffiHBAlM. | STATE OF SOUTH CAROLINA, ABBEVILLE COUNTY. OFFICE OF SUPERVISORS OF REGIS- ' TRATION, ABBEVILLE COUNTY. Abbeville, 8. C., March 6,1809. Notice is hereby given that in accor- , '>fJ9 dance with an Act of the General Assembly, and in conformity with the requirements of the State Constitution, the books for the registration of all legally qualified voters, and for the , issuing of transfers, ect., will be open at the office of Supervisors of Registra- f i A- n i lu.tn.Ann tkA L1UU lli luc vuuiii uuusc, ucmccu iuo hour 9 o'clock a. m., and 3 o'clock p. m., on the first Monday of eacn month, until thirty days before the next general election. The Board of Registration is the judge of the qualifications of all applicants for registration every-male 0-H citizen of this State and of the United State, tweuty-one years of age, who la not an idiot is not insane, is not a &jE| pauper supported at the public expense, and is not confined in any public prison, and who has not been con- vfffl victed of burglary, arson, obtaining goods or money under false pretenses perjury, forgery, robbery, bribery, . js adultery wife beating, housebreaking, .rajl receiving stolen goods, breach of trust ?j3| with fraudulent intent, fornication, . sodomy, incest, assault with intent to ravish, miscegenation, larceny, or crimes against the election laws, and A who shall have been a resident in this State two years (except ministers in charge of organised churches and teachers of public schools, and these after six months residence in the State,) a resident in the Coanty for six months, and in polling preclncy four months, and who can read any Section in the Constitution of 1895, or can understand and explain any section of said Constitution when read to J him by the registration officer or offl-v cers shall be entitled to registration and ?? become an elector upon application for such registration. If any person has been convicted of any of the crimes above-mentioned, a pardon of the ? UOVtjrUUl ICLUUYCT lLID uu^uuiuvauuui In case any minor who will become twenty-one years of age after the closlog of the Books of Registration and before the qlection, ana is otherwise qualified to register, makes application under oath showing he is qualified to register, the Boards shall regis- * <2 ter such applicant before the closing of the books. Any person whose qualifications as an elector will be completed after the closing of tbe Registration Books but ? JjjjM | before the next election shall have the "Jffi right to apply for and secure a registration certificate at any time within sixty days immediately preceding the closing of the Registration Books, upon an application under oath to the facts entitling him to such registraThe registration of voters must be ' ?-11!? ? mlyam/\ mnaf Ka o uy puiuiiK prcuiuuws. moig tuuoii u? ? Book of Registration for each polling precinct, that ia for eacn township, or parish, or city, or town of less than five thousand inhabitants, or ward of cities of more than five thousand inhabitants. Each elector must vote in the polling precinct in which he resides. If there is more than one voting place in the polling precinct, the elector may vote at any voting place designated on the registration certificate. The Boards must designate in the registration certificate the voting place in the polling precinct at which the elector is to vote. If there is more than one voting place in the polling precincts, the Boards shall designate on the certificate the voting place selected by the elector. J. D. CARWILE, 8. S. BOLES, .M W. A. LANIER. Board of Supervisors of Registration Haddon's Locals. Haddon's speolal sale of fur collaretta, ladles and misses Jackets will contlnao so long & as present stock lasts. Haddon's second shipment of golf bats Just received. Haddon's Becond shipment of plaid dress goods Just received. g.flB Haddon's last shipment of black dress fab rlques now in atooK. Tola addition manes our stock the most complete we have ever shown. Haddon's dress trimmings and linings will be of Interest to those wanting new stuff at moderate cost. Haddon's millinery always up to date and right in price. Haddon's aecond shipment of those tine german finished outings Just received. Haddon's second shipment ladles and children's fine knit underwear Just received. :? Pants and vesta to match. Also union salts for ladles, misses and children. Haddon's kid and fabrlque gloves have merit; moderate In price. i M Dr. Hill's Heachache will knock that headache Into a cockedhat. For sale by MUford <& DuPre. The Druggist. Phone 107. Dr. Neuffer's Lung Tonic. For tale by Mil ford & DuPre. Phone 107. Kememoer, Minora .suarre aenverseverything ordered from them at once. Prescriptions a specialty. Phone 107. Mllford & DuPre sells more nice soap than anybody In Abbeville. Call and Inspect their Hue before buying. Cacti Soap a specialty. Trunks, trunks, trunks! L. W. White has Just received the largest and be?t stock of trunks ever offeraU, yJ|w " . .. ' '