The herald and news. (Newberry S.C.) 1903-1937, February 02, 1904, Page 2, Image 2
objectioas to the ordinance council
desired that said objections be form
ulated in a coimmunication and pre
sented. This, said Col. Johnstone,
had been done by his committee,
and he had suggested to Acting
Mayor Smith that he call a meeting
of council to consider these recom
mendations. Owing to the tempo
rary absence of Mayor Earhardt and
the absence of Alderman Brown in
Atlanta, however, Acting Mayor
Smith had thought it inexpedient
to call a meeting before this but
had promised to do so on next
Monday night (last night.) For this
reason the recommendations of the
committee had not been submitted
to council.
Col. Johnstone then read the rec
ommendations of his committe,,
to be submitted to council, as fol
lows:
RECOMMENDATIONS TO COUNCIL.
To the Honorable Mayor and Alder
men of the Town of Newberry:
Gentlemen: The undersigned
committee appointed by the meet
ing of the citizens of the town to
confer with you and attempt to de
vise a method by which the floating
interest-bearing debt of the town
can be taken care of without resort
ing to the general license tax, pro
pose the two following suggestions
for your consideration:
i. That the interest-bearing debt
of the town, for which notes have
been given, aggregating, we are in
formed, some $24,000, be funded at
four and one-half per cent. and cou
pon bonds issued therefor, running
twenty years. with the privilege of
retiring them after ten years; that
an annual tax of one mill be levied
upon the taxable property of the
town to pay the interest on the
bonds, the excess of the revenues
from the said tax after paying inter
est to be set apart as a sinking fund
for retiring the principal of the
bonds and not be used for any other
purpose
2. The floating debt of the town
having been provided for as sug
gested above, it is estimated that
the revenues of the town from ordi
nary sources, including the 6-mill
levy, will be ample for an economi
cal and efficient administration of
the town government We respect
fully recommend, therefore, that
the license ordinance recently passed
by you be suspended for twelve
months from its date and that it
shall not go into effect then unless
after a fair test it has been shown
that the revenues from the ordinary
sources are not sufficient to pay the
current expenses of the town.
We trust that you will confer
with the committee in reporting the
foregoing scheme to the citizens of
the town as a wise adjustment of
the finances of the town. But if
you agree to the first of the above
suggestions and not to the second,
we submit that a levy a levy of
four mills for ordinary purposes
will be ample and we ask that the
levy be reduo'd from six mills to
four mills.
Respectfully,
Geo. Johnstone, Ch'n.
Geo. B. Cromer.
F. H. Dominick.
B. F. Griffin.
E. C. Jones.
T. C. Pool.
W. E. Pelham.
Col. Johnstone explained that the
committee, by its last suggestion.
did not propose to council that it
should adhere to the license or
dinance, but if council did adhere
to the license ordinance, then that
the present 6-mill levy should be
reduced to 4 mills,-thus deducting
from the revenue now received from
the 6-mill levy about the same
amount which council estimated the
license would bring in, that is $3,
500. It had been estimated by a
number of gentlemen, however, that
the license ordinance would bring
in not a cent less than $5.ooo
The communication of the com
mittee was adopted as the sense of
the meeting, the following motion
by Mr. ||Alan Johnstone being
unanimously carried:'"Thaat it is the
sense of this meeting that the sug
gestions of this committee incorpor
ated in its communication to the
mayor and aldermen of the town of
Newberry represent the sense of
the citizenship of this town assem
bled at this meeting; and that the
I chairman of this meeting address a
respectful note to the town council
asking their co-operation in carry
ing these recommendations into ex
ecution."
Col. George Johnstone said that
he favored the adoption of the com
munication as the sense of the meet
ing onoy - the basis of an expecta
tion that a scheme which the com
mittee had devised for preventing
a recurrence of these debts be
adopted. Otherwise he would be op
posed to it.
A rising vote was taken on Mr.
Alan Johnstone's motion, at his
request, and as stated, it was
unanimously adopted.
REPORT OF PELHAM COMMITTER.
Mr. Alan Johnstone then moved
that the report of the committee
known as the Pelham committee,
in which it had been submitted.that
the license ordinance was desired
and desirable, be laid on the table.
The motion was adopted.
TO AMEND THE CHARTER.
Col. George Johnstone then sub
mitted a further report embodying
the views of all the committee which
could be got together, by which it
was proposed to amend the charter
of the town so as to prevent the re
currence of another floating indebt
edness. It would be seen that it
would be useless to be eternally
providing for debts made when the
public knew nothing of them. The
plan was to make their continual
recurrence impossible. Many o the
best lawyers in the State did not
think that any public officer could
contract any debt unless specifically
directed to do so. When lights,
water and sewerage were wanted,
the citizens themselves had to vote
the funds by which they were to be
secured. All that a public officer
could do was to forestall the incom
ing of the taxes but he could not
contract a debt without authority.
Continuing, Col. Johnstone, set
ting forth the views of the portion
of the committee mentioned, said:
Your committee finds in Section
377 of the Criminal Code the follow
ing:
"It shall be unlawful for any
public officer, State cr county, auth
orized to so contract to enter into
any contract for any purpose what
soever, in a sum in excess of the
tax levy or the amount appropriated
for the accomplishment of such pur
pose, or to divert or appropriate the
funds arising from any tax levy and
collect it for any one fiscal year, to
the payment of any indebtedness
contracted or incurred for any pre
vious year. And on violation of
the provisions of this section he
shall~ be deemed guilty of a felony
and upon conviction thereof, shall
be punished by a fine not exceeding
$5,ooo and not less than $5oo and
by imprisonment at hard labor in
the State penitentiary for a period
not exceeding five years nor less
than one year or either or both, in
the discretion of the court."
And at Sections 6o6, 607 and
609 of the Civil Code the following:
"It shall be unlawful for any
public officer, State or county, au
thorized by law to so contract, to
enter into or contract for any pur
pose whatsoever, in a sum in ex
cess of the tax levy or the amount
appropriated for the accomplish
ment of such purpose."
"It shall be unlawful, for any
public officer, State or county. to
divert or appropriate the funds aris
ing from any tax levied and collect
ed for any one fiscal year to the
payment of any indebtedness con
tracted or incurred for any previous
fiscal year."
"It shall be unlawful for any
State or county officer to issue any
certificate of indebtedness. T.zis
provision shall not apply to the is
suing of tickets to- jurors or wit
nesses for attendance on the circuit
courts. Nor shall it be lawful for
any State or county officer to draw
a warrant or check for any public
debt except upon money then ac
tually to his credit on that account
in th'e hands of some bank or public
officer."
And in the 16th Section of the
Odiary Supply Bill npaeb the
State legislature we find the follow
ing:
"All contracts made in violation
of the above provisions shall be
void."
Why should not these provisions
be made applicable to municipal of
ficers?
MANNER OF AMENDMENT.
In Section 1996 of the Civil Code
we find the following:
"The charter or articles of in
coroporation of any city or town in
this State, whether such city or
town was originally incorporated by
Act of the general assembly or un
der the general law of the secretary
of State, may be amended in any
particular, not inconsistent with the
constitution and laws of the State,
in the following manner: A peti
tion shall first be submitted to the
town or city council by a majority
of the freeholders of such town or
city, praying that an election be or
dered, to ascertain whether such
amendment or amendments ought
to be made or not; whereupon, the
said council shall order an election,
after not less than ten days' public
advertisement. At such election
each amendment shall be voted
upon separately, and the tickets or
ballots shall be prescribed by the
said council in such ways as to
plainly express the will of the voter
as to each question submitted. At
such election the qualified electors
of the municipality shall be allowed
to vote on the question or qnestions
of the proposed amendment or
amendments, at the usual voting
places, in a box provided for the
purpose at each voting place. If a
majority of the votes cast be ascer
Itained and declared to be in favor
of any or all of the proposed ameud
mn.-ts, then the said council shall
publish the result of said election,
and declare the adopted amendment
or amendments to be a part of the
charter of incorporation of such city
or town, plainly showing the read
ing of the parts involved as amended,
and shall forthwith file with the
secretary of State a copy of such
declaration; whereupon such adopt
ed and declared amendment or
amendments shall stand as a part
of the charter of incorporation of
such city or town.''
"Why," said ColJohnstone, con
tinuing his report, "should not the
foregoing provisions of our statute
law be made the law governing
our municipality, as well as a pro
vision preventing the diversion of
the funds raised under the law for
one specific purpose to purposes
other than that for which they were
raised."
Continuing his -remarks, Mr.
Johnstone said: "Looking to this
end I move you tha.t a committee
of three be appointed by the chair
man to see that they are incorporated
into law, and to phrase appropriate
petitions covering these amend
ments, to be signed by a majority of
the freeliolders and submitted to
the town council praying them to
order an election on the ques
tion as to whether they shall be
incorporated into our town charter."
The motion was seconded and
after some little discussion, in which
Mr. Alan Johnstone referred to the
fact that even more stringent safe
guards were placed around the
funds handled by the board of trus
tees of the graded schools, of
which he was a member, and were
not considered by them a reflection
upon themselves, the motion was
unanimously adopted:
Chairman Cromer appointed the
following committee of three pro
vided for in the resolution: George
Johstone, W. H. Wallace, and IE.
C. Jones.
The meeting then adj.>urned.
Wallace Plantation.
TVE MILES FROM WHITMIRES,
91 Eres of good cotton land, on
be bought cheap asturneas teMay
Apply to E. H. AULL,
Newberry, S. C.
A S1LK PURSE IS NOT FOUND
in asow's ear, but you can get
your money's worth when you buy
horses, mules, buggies, wagons, har
'ness, etc., from
Quattlebaumi & Schumpert,
Prosperity, S. C
BLOCKADED
Every Household in Newberry Should
Know How to Resist It.
The biazk achus beausv!- the kidiey.,
are b:oca-- d.
Hvp tr kidneys with th-ir w;rk.
T:,c b-tek will acho no(mrt.
Lo,- of proof that Doan'- Kidney Pills
do this
It's the beit proof, for it comes from
Newberry.
Sam Martin, employed at the New
berry Mils, says: "My b.ck ached f-r
thrt-e or 'our year-1, and the pain right
across the small of my back was at times
so bad tba- I could not work. I thought
it w-, rheuma(ism and was trying all
kinds of liniment and rbeumatic cures
until I noticed a brickdust sedimert in
the secretions atid noticed their un
natural appearance, when I came to
the conclusion tbt it muet be my kid
ness which caused the trouble, but the
remc dies I used aid nol help me. Seeing
an advertisfment about Doin's Kidney
Pi:ls I went to W. E. Pelham & Son's
drug store and got a box. I felt bet
ter the first day I used them and since
taking them all tbe pain in my back
has left me, the kidney secretiors
cleared up and the sedirrent disap
peared. I can'1ot express bow thankful
I am that I found Doaa's Kidney Pills
for they are a good reliable kidney
medicin-'
For s by all dealers. Price 50 cents
per box. Foster-Milburn Co , Buffalo.
N. Y. soie agents for the United States
Remember the name Doans and take
no substitute.
1903 Seeds
for
1904 Planting.
It is said that seeds have been
found in Egyptian tombs which,
though thousands of years old, still
preserved their vitality. However,
in planting for profit. it is wiser to
demand seeds of a later crop.
Seeds can't be too fresh, which
means that you must have those
grown last year. There is one
grower you can depend upon to
supply them, this is
BUIST.
You can buy them with confi
dence, knowing them to be true and
perfect in every way.
MAYES'
DRUG....
STORE3....
As the Year 1903 dra
end I want to thank my many pat
rons for their liberal patronage dur
ing the past year and hope for a
continuation of same.
Remember I am at the same
stand and1 am always ready to serve
you with the very best of Jewelry,
Watches, Toilet Articles and every
thing to be found in a First Class
Jewelry Establishment.
My business in Optical Goods has
greatly increased also, showing my
knowledge and ability in fitting
Spectacles and Glasses.
New Sterling Silver just received;
new ideas and new goods, also
quadruple plated goods, Whiting
Mfg. Co's, Der1y Silver Co., Bene
dict & Rodgers
Yours for a prosperous new year,I
i. GUY DA[4ELS.
Notice.
NOTICE IS HEREBY GIVEN THAT
'~ the undersigned, composing the
Board of Jury Commnssioners of
Newberry County, State of South Caro
lina, will, on the 2nd of.Februr next,
at nine o'clack a. mn., in the offee of
the Clerk of Court for said County,
openly and publicly draw thirty-six
Jurors, to serve as Petit Jurymen at
the February termn of Court of Com
mon Pleas for Newberry County, be
ginning February 15th, 1904, and con
tining for one week.
JNO. L. EPPS,
County Treasurer.
W. W. CROMER,
County Auditor:
JNO. C. GOGGANS,
I Clerk of Court.
CAPUDINc
ICURES 'o a
ALL EADACES
Guec3D)
CURSE
OF
DRIN
DRINK EVIL DRUNKENNESS
CURED TO STAY CURED BY
WHITE RIBBON REMEDY*
Any woman can cure her husband,
son or brother, or any one of li uor
drinking, by secretly placing te
Ribbon remedy in his coffee, tea or food
without his knowledge.- It is entirely
odorless or tasteless. Any good and
faithful woman can wipe out this fear
ful Drink evil and permanently stop
the craving for liquor. By degrees the
patient gets a distaste for intoxicants,
and fialyleaves off altogether. It is
wnderfu. Many a hardT drinker has
thus been reclaimed and restored to his
family and friends. White Ribbon
Remedy is easily given by following
the simple directions.
The only drink cure endorsed and
sold by members of a Woman's Christ
ian Temperance Union.
Indorsed and Sold by Members of a
Woman's Christian Temperance Union.
Mrs. Anna Moore, Press Superin
tendent of the Woman's Christian Tem
perance Uunion, Los Angeles, Califor
nia, states: 'I have tested White Rib
bon Remedy on very obstinate drunk
ards, and the cures have been many. I
cheerfully recommend and indorse
White Ribbon Remedy, and advise any
woman to give it to any relative suffer
ing from drunkenness.'
Sold in every drug store, 50c and $1.
Trial package free by writing or call
ing on Mrs. A. M. Townsend (for years
secretary of a Woman's Christian Tem
perance Union), 218 Tremont St., Bos
ton, Mass. Special agents in
NEWBERRY, S. C.,
GILDER & WEEKS.
Valuable
Land for Sale
82 acres 5 miles of
Whitmire-25 acres in
cultivation, 5 to 6 acres
good meadow.
Seven lots adjoining
the corporate limits of
Newberry. Good
building sites. Terms
and prices reasonable.
For further informa
tion call at
T H E'
Hrgd and NeWs
OFFICE.
Get the Best!
Subscribe to
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and
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TE SEm-WaELY HERAW AND NEWS.
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TE SEMi-WEEKLY NEWS AND COUIEE.,
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ier, published at Charleston, S. C., is the
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pages a eek, or 104 issues a rear.
Gives allthe telegraphic and state
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DoLAm throu~gh The Herald and New.
by special arrngement.
Shad Shad Shad
Now in season. Place your orders for
oysters and fish with
Columbia Fish & Ice
Co., Columbia, S. C.
Sat!sfactory prices, quick service.
You can make money now selling our
large South Mullet while eggs etc. are
so very high.
LAND FOR SALE.
F OUR LOTS CONTAINING 28
acres, and three containing 40
acres, on eastern sIde of town just out
side corporate limits. Desirable loca
tion for building purposes. These lots
may be bought at a bargain.