Historical Newspapers of South Carolina

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warded him before the county board met on Thursday. County Superin tendent Wheeler stated upon his re turn from Columbia that his board would be bound in its action solely by this opinion. On Wednesday the written opinion was received, signed by Attorney General Gunter. After review[ng the law, the attorney general reaches the opinion that under the status of affairs the county board of education is without jurisdiction, thus reversing the verbal opinion expressed by As sistant Attorney General Townsend. There the matter stands. It seems probable n.ow that the election will not be ordered. One opinion of the attorney general's office has stated that the board of trustees is not re quired to order the election and an other opinion has stated that the county board of education is not re quired to order the election. Attorney General Gunter's opinion, in which it is held that the county board of education is without Juris dicaion. is as follows: Attorney General's Opinion. Columbia. March 28. i9o5. Mr. j. S. Wheeler, County Super intendent of Education, Newberry, S. C.-Dear Sir: You request to be advised whether the county board of education of Newberry county should order an election for trustees for Newberry school district. You state that the matter has been called to your notice officially owing to the action of the last general assembly in passing an Act (approved Feb. 18, 1905) purporting to amend the Act establishing the Newberry school dis trict, among other things by striking out section 3 and inserting a section in lieu thereof. Said section provided a board of trustees, the amending section providing for a different num 'ber and a different manner of selec tion. The only question that I can con sider is as to the duty of the county board in the premises. There is noth ing in the Act establishing the dis trict or in the amendatory Act devolv ing any duty in reference to the se lection of trustees upon the county board. Section 1210 of the Civil Code as amended by an Act approv ed Feb. 2, 1903, (Acts 1903, p. 63). is the only authority for the coun;y board to appoint trustees or under certain conditions to appoint three persons to conduct an election for trustees. This section provides that the county board shall appoint three trustees for each school district with a proviso that this provision shall not apply to special and graded school dis tricts created by special Acts; but that the trustees in such districts shall remain the same in number, be selected, etc., as directed in the spec ial Act. Hence, so far as the duty of the county board is confined to the appointment of trustees in the regu lar districts, of which Newberry dis * trict is not one, and to such duties as may be imposed by the terms of the * special Acts, and as already stated, * no such duty is imposed by the spec ial Acts establishing the Newberry district. There are two exceptions as to the above in the appointment or election of trustees iin special dis tricts. First, In those districts where the trustees were appointed by the state superintendent of education un 'der the provisions of the special Acts were to hold office until the first Tuesday in July, 1896, on which day and every two years thereafter trustees wer to be elected. There is no suggestion that Newberry district comes under this provision. Second, In districts hav ing a population of not less than 3,ooo inhabitants and in wvhich the boards are not fixed by special or specific legislation, may elect a board etc. Whether the board for New'ber ry district is fixed by special legisla tion need not now be considered, for I am advised that the district has in sufficient population to invoke this provision. The directon that "the election of all trustees for all such school districts" shall be by ballot conducted under the supervision of three qualified electors to be appoint ed by the county board of education applies, to the two excetpions above noted (which does not include the Newberry district), and not to the special districts unless they fall with in the purview of the exceptions. This is manifest for the reason that the section (as well as the. scope of the school law), carefully reserves to the specia ditt a atonomy in~ the selection o trustees. as well as al' other particulars. If the term "al such school districts" in the clause directing an election for trustees ap plies to the special 1istriets, then the specific reservation that the trustee shall be elected or appointed in tn< same manner as is provided for ir the special Act is rendered a com plete luillity and the purpose of th( Act defeated. The term "such schoo district" refers to the districts state< in the exceptions, for under th< change of the manner of selectinE trustees an election must be provide( for, whereas an election was alread3 provided for in the other special Acts a function which was reserved, ha( the general assembly intended at election 'by the agency of the count3 board the general term "all schoo districts." instead of the limite< term "all such school districts." I am, therefore, of the opinion tha under the status of affairs your boar< is without jurisdiction. Respectfully, U. X. Gunter, Jr., Attorney General. BATTLE FLAGS RETURNED. Banners Captured in Civil War Fron South Carolina Confederate Regiments. 1 Gov. Heyward is in receipt of th, -flags which were captured from Con federate regiments from this stat, and have been in Washington since the close of hostilities between th, sections. The captured banners whicl have been returned are the Eighth Eleventh, Sixteenth and Twenty-sev enth regiments infantry, Sumter Fly ing artillery, Sumter Heavy artillery garrison flag, Castle Pickney; garri son flag, Fort Moultrie; garrison flag Citadel; garrison flag, James Island garrison flag, Fort Ripley; Thin South Carolina regiment. Hon. Wm. H. Taft. sezretary o war, in forwarding the flags said ir letter to Gov. Heyward: "Sir: I have the honor to advis, you that, under the authority confer red upon the secretary of war by th joint resolution of icongress, approv ed February 28, 1905,'entitled a 'join resolution to returr: to the prope athorities certain Union and Con f-derate battle flags.' I have causei to be frwarded to you today by ex press all the Confederate battle flag; that were in the custody of the wa department at the time of the appro val of said joint resolution and tha could be identified as belonging t< your state or as having been born< by military organizations thereof. "Herewith are enclosed a list o the flags transmitted to .you today and a copy of executive documen No. 163, house of representatives Fiftieth congress, which sets forth al the information th;..t the war depart menit is able to furnish on Februar: 6th, 1888, with regard to' the Unioi and Confederate flags then in its cus today. A few of the flags that ar described in that document canno be identified at the present time, thei numbers Or distinguishing marks hav ing been lost, and as few of the flag that could be identified in 1888 hav1 since been identified and are now re turned to the states to which the or ganizations that bore them belong ed." Gov. Heyward is still undecide< what disposition to make of the cap Writes MRs. JANE PETTY, of I " My little boy could not walk a all other remedies had failed to d cured him and made him sound az give the same testimony. eleanses the blood .f all the poise ther blood diseases, and absolut powrful and effective blood purifi digestion and builds up the entire "TIE ONE THAT CURE WViII DOBBITT CHEMICAL COMI Sold by Gilder, Weeks J tured Confederate flags returned tc this state. As no place has been fix ed for the next state reunion, it i: impossible to make plans for thei official presentation at that time. The following acknowledgmen was made by Gov. Heyward in a let ter of acknowledgment to the sec retary of war, Hon. Wm. H. Taft: "Your letter of the 25th instant offi cially advising me. in accordance witt the joint resolution of congress,of th return of our state battle flags wa duly received. The case containin these flags arrived safely also. "I behalf of the people of the stat I have the honor to acknowledge with sincerest appreciation, the re ceipt of your valued communicatio: and also the more valued shipmen I containing the flags. I "These banners will ever comman our loyal, loving. tenderest care an thev will now be kept among th most cherished archives of the stat of Souti Carolina." National Magazine For April. Four of the principal articles in th National magazine for April dea with the railway problem now to th front in American politics. The title of the articles and their authors arc: "Congress and the Railroads." b Representative John J. Esch. authc of the rate bill now pending in cor gress. .The Republic vs. the Bankin Syndicates," by Frank Putnam. "The Masters of Our Railways," b Edward D. Tittmann, railroad exper of the New York Times. 1 "What Causes Railway Wrecks, by C. H. Allison, of the Illinois Cer tral Railroad. 1,Mr. Esch urgently advises railwa managers to accept federal control c rates, lest federal ownership prove t be the only alternative-and M Esch does not desire federal owne1 I ship. Mr. Putn:m argues that the rai ways are public highways that shoul be open to all comers on precisel equal terms. and declares his belie that unjust and illegal discriminatiot - will continue as long as these publi highways remain in private hands. - Mr. Tittmann marshals data t support Mr. Esch's assertion that fiv or six banking syndicates own mos - of the railways in this country, an I control the remainder. Mr. Tittman presents portraits of eight of th railway kings of the United States. SMr. Allison makes an artful specia plea in extenuation of the wholesal slaughter of passengers, employ< and trespassers on American rai ways, charging most of the blanm against railway labor unions. Thi contention .is vigor6usly combatte ty Mr. Putnam. SThe literary and pictorial feature of the numiber are up to its usual hig standard. Among the contributol ar hrles Warren Stoddard, Jo rMitchell Chapple, Katherine Le Bates, Governor Charles Aycock < North Carolina, Yone Noguchi, Mi1 iam Sheffey, James Ball Naylor, Ar na McClure Sholl, J. F. Conard (th new Iowa humorist), and MabI Percy Haskell. Brick! "BrickJ For Sale by IC. H. CAN NON. ~oaring River, N. C., Aug. 12, 1904. step from RHEUMATISM, and h . any good. Rheumacide has dw '' Hundreds of other letters that cause Rheumatism and at ly cures to stay cured. The most r in the world vet it improves the rste. S HE THERS FAIL" AN, BALTIMORE, for Fme Ssmpb roOft@T MtE OT" Sek. -Hunter, Newberry Agents PACIFIC MU The Mutual Inves, is issued of follo Whole Life. 15-Payment Life. 20-Year Endowment. 10-Year Enc Ellustration of a 2o-Payment Life Age 35. Amount $10,000 INCREASE OF SU Originally the insurance is $10,000. It i; from year to year and become not less th If corresponding surplus shall accrue and i added after the payment of third premium . sum of $10,140 will be payable. It will be the tenth premium has been paid the insu 1 fifteenth premium has been paid, to $11,9C t year, to $13,060. PAID-UP INSI 7 ikewise its value in paid-up insurance is endor thiS aMouUtS to $2,54: atter the tenth remium has has been paid, to $9,320, and at the end of the twent CASH LOJ The amount which can be borrowed on the polic premium has becn paid. a loan cah be made up to ' :2,200, after the fifteenth premium has been paid $3. These values are quoted at periods of five years fo tract. the endorsements are yearly and consecutive. I Observe that the premiums paid in twenty years a e 1surance in force gradually iucreases from $io,ooo0 throughout the twenty years, at the premium paid amount of iusurance for twenty years, the cash va more than paid to the Company. CAsH VA SBeside the cash loans available any year, there is1 the tenth year is $2,530- at the end of t e fifteenth y y 7ffice over Postoffice, Newberry, S. C. R01 Just a OFY( Time, F We wish to call your a 1 Spring and Summer Go, r A dollar expended with us will do We offer the trade our best efforts i best. The prices the lowest for the b We offer some dainty Mercerized V d . d in|price from ioc. to 5oc. yd. We have nice line Knickerbock Su s Dimities, Ducks, DeLaines and other c are dreams for waists or dresses. Sp: Riverside Plaids, Southern Silks, Che o Our Shoes are built to wear. Our sell Groceries. Get prices and see st: S. S. Bit THIRE SOF CHOICE TEN! EXPECTE] ~This car goes for: Best Patent Co Best 2nd Paten Best Straight C .Choice Fresh M~ Choice Grits, se 'MO SELE COME SOO I Whenever you start out on a sh * This plan will save you many *time. If we haven't just what 3 SWe shall not urge you to buy, b * goods as soon asyou can. I every way to make selections be + MAYES' DRl FUAL tment Contract wing forms: 20-Payment Life. 1 0-Payment Life. 15-Year Endowment owment. Hutual investment Contract. Annual premium, $366,. K INSURED. provided that this shall be increased ,n shown in the table in the policy. s not withdrawn nor used, $140 will be so that if death then occurs, the Dbserved from the policy, that after rance amounts to $11,180; after the 0; and at the end of the twentieth JRANCE. ed. After the fifth premium has been paid. een paid, to $5,920 after the fifteenth premium eth year, to $13,o6o. is shown in plain figures: After the fifth 720, after the tenth premium has been paid. 770: and at the end of the twentieth $5d780. r the sake of brevity, but as shown in the con nount to $7.320; that duri g this term the in. D 1'13.06o. or an average Si0,946 of insurance for $ioooo, and that after carrying this large Lue endorsed upon the policy is $7,390. or $70 LLE. -ovision for cash value, which at the end of ar. $4,480-, and at the end of the twentieth vear. ERT NORRIS, Gen. Agt. Minute )UR 'lease. ttention to our line of :>s. louble duty. Try it. selections. The styles are the est goods. Tastings, Skirtings, &c.,.ranging tings, Brousse Stripes, Callalettes,. dress goods. Our Tussoh Silk& ring and Summer Prints 5c. yd. viots, Cottonades, &c. men's Shirts are beauties. We des. Yours anxious to please, "ge Co. )CAR |ESSEE FLOUR ) TODAY tton - $6.15 t Cotton 5.60 otton- - 5.50 eal - . ,.75 N AND SEEj opping tour come here first. unnecessary steps and much TU want then look elsewhere. $ ut wedo wish yo' to see our. ill be to your advantage in fore the final rush begins. [G STOR E.