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E. H. AULL, EDITOR. Entered at the Postoffice at New berry, S. C., as second class matter. FRIDAY, MARCH 31, 1905 "Pay your editor in advance," is the caption of an editorial in the Newberry Herad and News. Oh that we had an editor! One to "smooth down," eradicate the "rough places," eliminate "wrong fonts" and con struct a symmetrical head. How a little judicious blue-penciling would improve the average individual!-The State. It is a great pity that the State is without an editor and we sympathize with it very deeply. The plea for one is really heartrending. Ve are so sorry. The electric light line has been cx tended to Mollohon mill and one or two lights have been pu on the hili beyond the corporate limits of the citv. We are glad to see the lights being extended. There ought to be another light between the two de pots and some more are needed in West End. Ion E. Mitchell Seabrook, oi Edi sto Island. is announced as a candi date for lieutenant governor' He is a farmer, and has had long experience in the legislature and with his knowledge of parliamentary law would make a most excellent presid ing officer of the senate. He is at present chairman of the committee , ,n agriculture of the legislature. And with it all he is a fine fellow. No one seems to be interested in getting that new union depot for Newberry. If the people would get together on a location and the matter properly we believe there might be a prospect to secure the de pot. But then it may be that we do not ned and do not want a new union station. Mr. A. W. Arderson. who is a Laure'ns county man, and who has been the efficent superintendent of the C. & W. C. railroad has been pro moted to the position of general su perintendent of the Atlantic Coast Line with headquarers a Wlmington, N. C. While we are glad tq note the promotion which has come to Mr. Anderson we are sorry to have hinm removed from this section. He is not only a first class railroad man but with it all a most excellent gentle man, and deserves all the good things that have come to him. The Graded School Matter. The attorney general holds that the county board of education has no authority to order an election for trustees for the Newberry graded school in order to carry out the pro visions of the act passed by the last legislature. In fact it would seem to be the duty of no one to order this election and no. one has authority of law to do so. The opinion of the attorney general seems to us to be a correct construction of the law. The opinion rendered .by Assistant Attorney General Townsend holds tha te pesntboard holds over until their successors unde teAc of 1905, are duly elseted- and qualifie and that they caia cont-i,nue :to dis" charge the duties of trusteestil that time. No hagzn can come t h scho1 by the trustees ..holding over and we trust nothlnwi ert don te jeopardize the toU n~ 6 the school. No good can .co.me t h shool or the community by any fur her p -ceig ad we trust nothing -1 be done. If itisdir,th preen lworather the Act of 1905, can be amended at the nexttsession chneyfo the saueeteiO.n of trust'ees underyta Act. There is no occa sondfr tany on to gt esccited. The sho ol canyru ner gthe old board asih a don and the interests of he chldredn shuld be cqjsidered and nth?g done to interfere witth success of the schools. Old people say they hv ee known a March to have so many days of beautiful spring weather such as .-e haehad during the present STRONGER ....AND STRONGER THE COMMERCIAL BANK, capital $50,000 00 Surplus 27,000 00 JNO. M. KINARD, Fres. 3. F. V RIGHT, Cashier. RaOl FhEFEREE IN PROSPERITY CASE (C-ntinied Fron First Pags.) thlat ordinance appears on tne mm utes. and it is evidently he same men:ioned in minute book as pa4sed j-,v 5th.". I so find. There seems t. have been some doubt as to the proper execution, and, possibly, the eninene1ss, of this ordinance. but .he testimony is, the ordinance was I-a.;scd in council. The witness' r,c U'icton is. that the ordinance was aiso signed in council, but as to that he was not exactly sure. I am satis fied however. that the testimony will sustain the finding that the ordi nance, in every respect, was regularly and properly passed and executed The ordinance shows upon its face that the money was being borrowed -to carry on the affairs of the town." There is no testimony going to show that, when said note was negotiated at the Palmetto Bank & Trust Co., the note then having the ordinance attached to it the Palme:to Bank & Trust Co. knew, or had any reason to suspect. that it was being borrowed, as alleged in teh complaint to be used for the purpose of building or buil.ng, of a town hali, market for the purpose of assisting in the house, guardhouse, or for any other p r1) e than wiat was stat.d on the ordinance. It is true the minute hWok shows the $1000.00, to have been brrcwed "for purpose of building city hall." The explanation of coun cil as to the apparent difference in purpose f, - which the n.rc; ' ' rr .wed is, that w.h , n it va4 deci4lcd : -:-d. - inicil knew - .-- , .; *;* to borrow some money with which to hegin the building; I:at this fund wa put into the common treasury and paid out as needed, whether for; material and work on building or for ordinary current expenses. I can impute no wrongdoing to council. I accept this explanation, and so find. This note for $1000.oo to the Pal me~tto Bank & Trust Co. was taken up by the Bank of Prosperity, and renewal sealed notes were given in 1903 and 1904, respectively, under authority of ordinance attached, and1 it is admitted that the question as to the creation of the $100c.00 debt. evidenced by the several notes for that sum, was never submitted to the qual ified voters of the town of Prosperity, no an election held thereon. The only deb' of said town on July i. 1902. so far as the testimony shows, when the debt of the $i000.00 was created, was the debt of $50oo contracted for the purchase money of the lot on which the building was erected. The debt of $1000.00, now dhe..thl e}~ank of Prosperity, the one .the,pyment of which is sought to be 'enjoined herein, is the same debt that was contracted on July II, 1902, with the Pametto Bank & Trust Co. Th'e testimony taken shows that befre the.-debt of $1000.00 was made, the town council made an estimate of the cost of the building, such as they a- first intended and expected to eret; made an estimate of the income of the town from all sources for the remaining part of. the fiscal year, and reached the conclusion tha': with the money then to their credit and the income to be collected from then to the end of the year, they ould pay off the note for $I50:0 given for the purchase money of the lot, expend $x5oo-oo..on the contem plate building, and, ~With economy, still pay the ordinary current expens es for the balance of the fiscal year. But council fell far short of their es imate, so much so, that on Septem ber 8, 1902, following the completion offh d..building, they were forced to borrow $587.47 from the Bank of Prosperity by giving its note, to be ai in ne year. But this additional I?A This bank has .njoyed a continual growth from the ti:ne it first opt-ned its dours ior lusiness. Hence we be iieve the pcople appreciate us. We ,re iow b-tter prepared than ever to serve tne p) blic. While our past suc cess has b ii gratifying, we desire to ,a:e the co;:ing year of 1905 show a nore substantia; increase than ever ' e recive dcposits frzm $1.00 and ipwards and on savings acc unts pay S0UA rE LNTINiEiET Ctnipounded Semi-annually. ). B 1'A R, Vice-Pres. J. V McFALL, Asst. C sr. indebtedness, was, no doubt, largely due to the fact that council had in creased the size and general efficiency of the building which increased their indebtedness for this purpose from S165o.oo. as was at first estimated, to 2291.oi, thereby making an addition al expenditure of $641.01. I find that at the commencement ;) the fiscal year 1902-3, council had on hand in cash $217.04; that its col lections from that date to July Iith, 1002, amounted to $238.32, or a total of $455.36: tha: from the commence meint of said year to said 'date, coun cil paid out on building $297.60, and rn ordinary current expenses S14:.22 or a total of S440.82, thus leaving a balance to their credit on July iith, the sum of $14.5:.. Now, on the iith July council had a balance in cash of $14.54. owed a debt of $i5o.oo for the p,:rchase money of lot, and intended to erect a building at a cost of $1500 thus making the entire indebted ness, so far as council then saw, ST65o.oo. It is true the debt of $150-o was not due until the 30th June, 1903, a little less than 12 months, and it is also true that council had not taken into account the ordinary current ex penses for the balarce of the year, which they would have to meet. I find that the total income for the town for the fiscal year 1902-3, in ciuding cash on hand at the com mencement of said year, taxes, li censes, fines, rents, etc., was $1832.19. from this take the $440.82 above, thus leaving available to council $1391.37, which includes the $14.54 cash, with U which to meet the ordinary current expenses of the town from July iith to the end of that fiscal year, with w hich to pay the balance on the build ing and lot debts of $165o.oo, to wit $1352.40. The ordinary current ex penses of the year I find were $1,- 0 144.35, of which amount $1001.I3 re mained to be paid after July IIth, $143.22 of said total expenses having been paid prio.r to that time, so that a balance of $687.84 would have been - left on hands at the end of the year S had not the debts of $1650.oo been made. This as I find it wvas the true financial condition of the town at that time. And had it been possi ble ~for cou'ncil to see in the future, they would-have seen that as a result of the making of this indebtedness of $1650.0o, by the end of that fiscal year, they would have had $1391-37 with which to pay a total indebted ness of $2353.53, or, if the price of the - lot be deducted, then $2203-53, leaving a deficit, in one instance, of $962.16. and in the other, of $8I2.16. The loan then of $960.00, together with the iF $39137, would not have' paid this indebtedness by $2.16, and would have overpaid by only $147.84 the in debtedness of the town. not including. the $150.0o for the lot, thus leaving the town $2.16 in debt, besides the $ooo.oo note. But I find further. Instead of lim iting the cost of the building and lot to $1650.00 as it was estimated and at first intended, council found it nee- o essary to enlarge and to better equip the building, so that the building t when completed wvas done at a cost of $2291.01, including cost: of lot. th; Really, it was somewhat more, as no account is taken here of any interest 0P paid on these debts, except sat where we have cvharged cotin- th4 cil up to the actual mon ey received. Even this sum was well l spent, for, from the testimony, the ha work was cheaply done and the peo- a ple of the town. of Prosperity shouldaf feel proud of this building. Thus theof .to additional cost over what was at first . contemplated was $641.01, so that the council, in order to meet this addi- fut tional expense, borrowed of the Bank p of Prosperity $587.47, giving its notew wh for $60o.oo, and interest, on Decem ber 8, 1902, payaibie in one year. Thus'. America's I CORSI Are you entirely sati Corset you are now wes a W. B. made which will you are small, large, sl We carry many shapes it Front, Princess Hip, ? Shorc Models. 127. Batiste Girdle for 87. Batiste 9-inch r figures. 115. Batiste short waisi 654. Contelle short w4 929. Straight front for 918. Straight front Prii 917. Straight front Prii Let us fit you in W. B. Yours truly, SC.IG.LM. ust Received at 3D.Dave ull line of ra and Tomatoes. Baked Bear omato Soup. Celery S; Canned Apricots. Canned Canned Corn. Canne Saurkraut in Cans 10Oc. Le eet Mixed Pickle in Keg and Bott Nice line nice Chocolate Candy Shelled Almonds. Deviled Crabs 40c. Ca Codfish Balls 25c Lobsters 25c Boneles: Tript K(ellum Sure Cure fol pysicians prescrib The public who ust We recommend Read Pamphie At your dool SGILDER, WEEKS 4 anuary, 1903, the town of Pros- viz., a cty had outstanding against it the 'money e notes mentioned, aggregating one n< o.o and with no money to pay rowed m. Being unable to meet the note due D' ooo.oo due on that date to the of $ioc netto Bank & Trust Co., the Bank e was on said date taken up by the n< Bank of Prosperity, and a sealed Trust egiven for that sum, due January Januar , 1904, which necessarily would So f : to be paid by a.future. council, Trust r the expriation of their term of the ori ce, and out of taxes and licenses July '3 e levied and collected in another and th a year, and thus to apply the tax $i000.0 s of a future fiscal year to the Bank nent of a debt contracted in a of wha r and different year. Therefore, from t n the new council took charge t.ermi o I 21st, 1903, the beginning of the expirei l year 1903-4, they found the ini its ,n indebted by thse thre, notes find t1i .eading ETI fied with the ring? There is fit you whether ender or stout. i stock, Straight hort Waist and small figures. ,iodel for small model. list model. stout figures. icess hip. icess hip. wer Co. nport's alad. d Beans. mon Cling Peaches. at 40c. lb. ,lb. Sardines 25c. Sliced Ham in Cans 25c. Indige8tion e it. it praise it. and sell it. SLHUNTER. note for $150.00, for purchase of lot, due 3oth June, 1903; te for $60o.oo, for md~ney bor from' the Bank of Prosperity, c. 8ti, 1903; and another note. o.oo, money iborrowed from the f Prosperity, which took up e to the Palmetto Bank 4 Co. for a like amount, due xoth ~, 1904. ar as the ?almetto Bank -&. Co. knew and was concerned, ly obligation of the town on .th, 1902, was the note for $z50 e note to it of $ioo0.oo. The o borrowed of the Palmetta2 ir Trust Co. was not in excess t the income, of, the. town was he date of, the loan ntil the. fthe office of the said council in April, 1903s and was..with income for, that year. .But - at at the tirpet this- note.was.