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q. , q 1 1A 1 - , - dad TIhut t,lienaidineore,of the: p~ensh6ly aihnot pit4liase tkoy I. o ')f any person, 'fi'm or corpora who shall solicit ordbrs either drummor, agents, samuples, or oth is, except .as hereidbefore pro ed." ietermining the. legality of any d sale of liquor to this state dis y, the provisions of this sta n reference to contracts for the cbese' of liquors is worthy' of 6 and careful attention. . The sta te clearly provides that 'the con act "'-shall be,awarded to tho low st. responsible bidder.'' The 'plain plication from this language is that here shall be competition in the price of all liquors or wine offered for sal' pursuant to the statute. This, in y opinion, was one of the principal, not the nain object sought to be ecoiplished by the enactment of this tatute. Intent of Law. The intent of - the legislature, with ference to competition in the price liquors is clearly manifested by the llowin(g provisions , contained in tion 557 of the dispensary law: (a) All bids made in pursuance of e dispensary law must be filed th the state treasurer, and such s must ''state the quality, price (1 chemical analysis'' of the liquor offered for sale. (b) At the time the filing of the bids, there must company said bid "a sample of ch kind of liquor offered for sale, ntaining not more than one-half nt, which sample shall, on its ar al, be delivered to the dispensary mmissioner to be retained by him til after.it has been ascertained at the wines or liquors correspond all respects with that purchased,' e. (c) ''The directors of the dis insary shall purchase all the alcoho e liquors,'' etc., and ''shall have e same tested and declared to be lemieally pure, and if the wines and uors purchased fail to correspond any respect with the samples fur shed, the seller thereof shall for it to the state a suni not exceeding e value of said 'liquor,'' etc. (d) ''said contract shall he awarded the lowest responsible bidder.'' lie plain and evident intention of legislature, in my opinion, was to itire that all liquors should be pur sed by sample, the grade of which, m its analysis, and accompanying tement as to its quality and price ild thereby be easily ascertained. der a proper construction of the w, as I view it, the board of di ctors, as the agents of the state are quired to purchase the best liquor ossible, at the lowest possible price rom a responsible bidder. Under no asonable construction of the law an it be said that it was 'the inten ion of the legislature in invest the oard of directors with the power to ix a price for the liquors to be ought for the use of the dispensary iadvance of tihe bids to be submit ed therefor, blecause such a construe on would practically and comp 1letely mullify and defeat the plain object pught to be accomplished by (com1 ~petition among the bidders as to the price, thereof. In other words, to t'ix the price in advance, as wvas the case hero is to remove the field of competi tion from its rightful place as pre' scribed by the statute and to make the comp)etition simply a scramle be ~tween the proposed sellers or' b.ddecrs as to wvhich of them should securec the contract for. sale at the price al eady fixed. The statute,,in my opin on, never eontemp)lated the existence of any suchi unseemly scramble aniong liquor houses. The coinpetition, under the statute, is solely as to price, and net as to which house shall be awarded the bid. Ulnder. the form of advertisement, as herein stated aind set forth, there (lees not seem to have been any ground for the ''lowest res ponsible bidder'' to stand upon01. The price had been already fixed by the board in the advertisement, at least a minimum price\ and tihe competition, ;if anly, was, as'I have already stated, ynet whoie,should ebtauin the contract at tihe lowest price, but was simply a question as to wvhich of tihe persons bidding should secure tihe, contract at the prices already fixed. nmyMethod is Faulty. Imyoplinion, this mlet hod of ad vertisinig for b)ids for liquors w~as so conitrary, not onljy to the spirit of the law, but to the very letter of the statute, that no further argument is * needed to showv it. There can be no questioni but that tle legislature *plainly and clearly intended, by this statute, estab)li competition as to the price of liquors, so that contracts for any grade or quality of liquor might .be' awarded to tile lowest res ponsible bidder. Suchl being -my view and construc tion of the statute, which limited and ; rescribed the powprs of the state boatd of diiteetord,rand the board be 4gexpreasly prohInited by thd terms ~ he attute Nrin purch asig aniy Uis qcqpt as, therOin -p'vi4 and' tballeoged purchses not lyain been m ,ade as piovided by th6, ni co dluslon is that the allaked sah anud shipment's in question were illev al and void for the reasons stated. But it may be stated that, as the 1 quors had' been already shippod to th state dispensary under verbal, tel phone, telegraphie or other orders < Mr. Charles, former clerk of ti board, the state dispensary is no estopped from returning said' liquoi to the shippers. I have given this point careful co sideration, and have reached the cot elusion that your board is not estol ped from returning the liquors, i question. While it may be conceded as tri that the members of the state boai of directors are,- in a certain sens officers of the state, still, - for ti purpose of purchasing liquors, th< aye merely the agents of the stat and as I hdve already pointed o1 their rights, duties and powers, reference to the purchase of liquor are clearly and plainly ptrescribed l 4istitde. They are, therefore, agen with limited power and authorit Their power and authority to pu chase liquor is measured entirely 1) the statute law under and withi which they must act. The law is too well settled to nee and extended citation of authoritic that third partios, who deal wit agents of limited authority, do so f their own peril. They are bound i law to take notice of the nature, lirn its, and extent of the authority cot ferred by the law upon such agent This rule is especially applicable - public agents, public omeers or agen of the state. The principle is vev clearly stated in Mecheii on Agene in Section 288-293. In speaking of ti authority of special agents, the a thor states this principle, in secti( 288: ''The authprity of the specu agent being, in its nature, limited, i scope is much inore easy of dete mination, and must not be execede< or, as a rule is ordinarily stated, h authority must be strictly pursu( and if it is not, tle principle wi not be bound. It is none the less tru however. as has been seen, that ti scope of the general agent.'s authorii must not be exceeded. Each actir within the scope of the authority coi ferred, binds his principal; each ac ing beyond that scope binds only hir self. But while these rules that al ply to the two classes are alike kind, they differ, as has been show in degree. It is believed, howeve that the difference is one of degr( only, and not of principle. Again in section 291 it is senia ''So where the nature of the autho ity is such that it must have been co: ferred by written instrument or mu be a matter of public record, tt party with the agent must, at Ii peril take notice of this fact. and a certaitn whether the instrtumett t record is .sufficient for the puIrpos For similar reasons, if the authtoril is known to be open~ for exercise oni in a certain evetnt, or upon the haj peniing of a certain contingecy, or tI performance of a cert ainm conditio the occurrence of the evetnt, or tI happening of the contmigency, or tIl p)erformanlce of the conidition, mu: bec ascertained by him who wonl avail himself of tIme results ensuir from the exercise of the authority. And in section 292, it is said. 'Au this rule is particularly true in tl ease of public agents. Here the al thority is a matter of public recoi or of public law, or whiebt every pe son interested is bound to take notic and there is no hardship in confirn ing the scope of such anm agent's al thority within limits of the expre grant and necessary imtplication. TI fact that the same act might hm~ heen within the scope of the autho ity if created by a private individn: is not conclusive.' Under the law, as thus stated, a persotns making bids for contra.e fotr the sale of liquors to the sta: dispenspmy are bound to take noti of the' terms of the statute undi which the board of directors is autI oriz/ed1 to make puirchlases of liquo TUhe firms11 or corpora tiotns who mat lie alleged sales anid shipments, ai conclusively presumed to have hii knmowledge of the facet, ats well as 11 law, that the advert.i.'sement undl( which said liquors are alleged to ham been sold and shipped to the sta: dispensary, did not comply with tl statute. They must take notice of tl terms of the statute and of the al thotity it confers upon the board directors withi reference to the pu chiase of liquors. My cbnclusion, therefore, is flu you are not.estopped, but, on the coi trary, have a ele'ar legal right to r, turnu any or all of the liquors shippe to the state dispensary under ti aforesaid advertisement, and I so re ommend. In the foregoing report 'I hai a-na to the n1,V ives Which' atutc6d so g the forier board 'f4 directors with bi y referencei to 'tle alleged sales of liq- t s or, as such was not a question invol F ved in the discharge of my duty, uin ir der your resolution. The fact that w very large quantitiq of liquor within w e a few months, and, apparently, far aj .. in excesi of the amounts reagonably 1 f necessary for the use of the dispen- te e sary during the quarters covered ny v these transactions, (which fact is ie- C s ferred to in your first resolution, h) might have been taken into consider- V ation in determining the legality of tr Sallaged sale. I have not, however, ei based my opinion upon that fact, in e asmuch as I have not been able to tr find positive proof that there was fc e collusion between the board and the in several firms and corporations, with hi reference to that matter and it will lnot be Presumed in the absence of ti proof that the different persons, firms S or corporations were aware of the a fact of such large shipments, outside ti Sof the amount shipped by each per- y4 son, firm or corporation, respective- f< ly. Besides, the s3atute proVides that w the board shall make purchases quar- iY terly, and "for such quantities and st kind of liquors as may be deemed nec- a essary to the dispensary for the quar ter. ''This, as you will note, vests a discretion in the state board to make d purchases inl such quantities as, in E their judgment, may be necessary. p This discretion, however, is one to be c It exercised in a legal and reasonable k it manier. W From a careful consideration of the w facts hereinbefore stated, and the law M' applicable thereto, it is my opinion, r* and I so advise you, that the aneged P lpurelases of liquor referred to in the statute, and such alleged purchases do " not constitute valid obligations or lia- tl bilities against your board; and it is sl further my opinion, and I so advise t( you that you hIave the right, under Y the law, to refuse payment for, and s1 to return all of said liquors to the so perstns, firms and corporations from tl whoi they were shipped to the state I" i dispensary. a1 Respect fully submitted, I1 (Signed) J. E. McDonald. 0 e, Winnsboro, S. C., Nov. 12, 1906. 1 MRS. BLAIR HELD FOR THE CRIME. w b (Continued from page Seven.) ii her in a great state of excitement and fi she said to him: ''I am ruined; Mr. o r, Blair was shot.'' About this time the li I little daughter came into the room a and asked him to go to see if lie I I could do anything for her father. o . Mr. Woodward said lie found Mr. Blair in a back room lying across a P) ;t bed. As Mr. Woodward approached A% le him and said something, Mr. Blair aV is said: "Mr. Woodward, I am shot." - Mr. Woodward then summoned a doe r tor. After going to his home for a e, short while Mr. 'Woodw~ard said lie re.. 5 y tunrned to the, Blair residence and U ywhile there asked Mrs. Neal where Ifi . the pistol was. She told him it was I S 4 thrown into the yard. When he foundS ~, the pistol in the backyard, the wvit e ness stated1 that there were four emp e ty shells and one loaded cartridge in t the chamb)ers. d Mr. P. F. MdCarthern, a boarder at gthe Blair.s,' was at the house w~hien ' Mr.. 1Hlair came home, which 'wit (d ness thought was about 1.30 p. m. e The witness stated that lie heard u- Mrs. Blair quarreling with Mr. Blair d as lie, the witness, was passing -through the hall. He heard Mrs. m, Blair say: ''I am not going to stand i- your eur.imr carrying on about the -house in 1907 and as you did in 1906. s Yon uwill either have to quit or don't e come around here any more.'' Mr. 'e McCathe.rn said he did not hear Mr. -Blair say anything at all. He said' il that lie had heard them quarrel sev eral times before, but not lately. Did il not know what they quarreling about. s J. P. Richardson said that lie saw e Mr.. Blair on the day that lhe got kill e ed at Dent's meat market, and wvas r with him there several minutes talk - ing wvith him there andi the two walk r- ed uip Main st reet together for seveir e al blocks. This was bet.ween :t.3~0 -e and I o 'clock in the afternoon, and d1 at that time the witness conIsideredl eMr'. Blair a perfectly sober man. rMr. J1. P. Rice testified that lie e was with Mr. Blair a short while the C day lie wvas killed, about midday, and C that, lie thioughit Mr. Blair wvas perS C fectly sober. The jury thuen repaired to the home oni Marioin st,reet to get the statement of Mrs. Blair and to view the pr'e mises. The statemoent of 'Mrs. Blair wvas taken while she wvas lying in bed. She was very nervous, but gave lier account of the affair very succinctly. eThe evidence in full will be foundh eelsewhere. A Southern railwsy engineer who Swas in the city yesterday gave sonic Interesting information about the per lial history of4the deceas Tl 'o(hersp all railroad men, .inarrfe ree sisters. A fourth sister married anothc ilrOad man, Engineer West, wl ,Is killed in the great Boston Bridg reek near Lexington, N. C., 15 yea: ,o. His daughter lived with Mr. all rs. Cullen Blair and was a witneF Thursday's tragedy.. Another sister lost her husban mductor Blair, in a railroad wree having been killed near Danvill a., two or three years ago who tai No. 97, the fast mail, was wreel 1. The third sistei to be bereaved I agedy was Mrs. Cullen Blair. Tli urth sister and her husband are ih g in Asheville and arrived in C mbia yesterday. This same railroad man stat at he knew Mrs. Cullen Blair lisbury, N. C., when she was bi child. She was an orpihnn an iougi Capt. Blair was probably 2 ars olIer tlian she. his infatuati< ir her was' irresistible, and th< ere inarried. Blair hiad always id: edI his wife, hit there hiad be( >mne ta 1k tlhat she had not beeni ~feetionat e. Paper Yarns For Weaving. Paper garments hlave beenl used astern Asia for imany years, and p 3r ve-ts, sheets and blankets are ( imercial value in this country )ep ont the cold winds; but the ma lactui'e of fine, strong paper ya: hieb ean be wovenl into fabrics ti ime Is cotton, wool, or silk is til cent chievemeit of an Italia rofessor Zanietti. T1114e yarnls do not1 equal cottonll 001 in their tensile strength, b icy have been made iwth' a breakii reni-1i of from eighteen thousai twenty-eight thousand feet. Cott< rn has an average breakii renl-thI of from forty-three to fort ven thousand feet, diry-s-pun fit irty-iiine to forty-one thousand, r ie tiiryt-seven to forty tliousan id jilte about thirty-two t1housamd. it if not so stronlg as some of tI her yarns, the paper witihstands e :sire to water better than jute ax. anld when tiglitly woven in thries offers better protection fr >Ad wid.whenl comlbinled ,Wii o0len yarns, the paper clothes c 3 repeatedly washed without injr ig the surface. Owing to the diffe ice inl cost of the raw materials, su Cient. material can be manufact,ur it of paper yarns combiied with ttle wool to make a suit of cloth t a cost of less than three dolla lie spinning of the paper yarns rdinary looms is a simple matter, So far the chief use of the spi aper fabrics has been for towe ash clothes, bed and table lin< ld for matt-ress coveriigs. AMessage From Mars." "'A message from Mars, '' will en'l here at the opera houlise on1 .Si 'day, .January 26, wvhiich will be r'st time t his comedyv has ever be mlt to this section of the Unit ates. It is said to be0 a greatly p)1a Three ways are uset for curing and prepar bacco for the market; cured, air cured and The old and cheap wa: cured; the later discov proved way is called fht In flue curing the tot from the fields and rac especially built to ret there subjected to a coi temperature, produced heat of flame heated brings out in the stimulating taste and expert roasting develc coffee. These similar r to both tobacco and cof1 ing and 'stimulating qua 'ularizes their use. The quality of toba much on the curing pr kind of soil that produ pert tests prove that tI ~. Jo. REYNOLDPS' LAYtON 0OTTdX AZED. Layton's impeoved cotton seed f sale in any quantities. This seed b r stood at the head at the Georgia E 0 perinental station - for three yea e out of 26 varieties last year it w . the best. d I planted 300 acres last year s this seed, kept it eutirely separal and made 250 bales. If it had been j, good year would have made 300. . Price of the seed 50 cents a bush 5, G. C. Glasgow, Jalapa, S. C. Quickest aq Is tSavannah, Wa tt ville, and all 10 I CHARLESTON AND RAIL Lv. Laurens daily, (E f Lv. Augusta *0 Ar. Savannah, (Centr Ar. Waycross Ar. Jacksonville Close connections made a Through Pullman Sleepin and Jacksonville. A Round Trip winter tourist " sorts now on sale. ig V- C. H, GASQUE, Agt. Laurens, S. C. ERNES Gen. Pass. j Ill ROOFING! .(d A large E Received a Nails and B Let us Q SUMMI The Place to buy you Loto ~WWTove X Ang A ma aYtG I by farmers tobacco, ing their to- mont reg namely sun sweeteni flue cured. any othe: r is called air and has cry and im- juicy, ful te cured. tobacco I >acco is taken prefer S ked in barns cheers rr tin heat and tobacco, itinuous high Schnapp by the direct -one chi flues, which until thi Lobacco that there ar aroma that pounds 'ps in green populatic rocesses give .tobacco ee the cheer- those sta lity that pop- yet beeCn A !oc. cco depends economi< cess and the plug of c es it, as ex- per pour dis flue cured and 15 c L'OBAcco COMPANY,. or A .L'K N as Of Plumbing as Done on a Short Notice el. J. W. WHITE. d Best -Route TO ycross, Jackson Florida Points via WESTERN GAROLINA .WAY. istern Time) 1.50 P. M. 10.20 P. M. al Time) 2.45 A. M. 6.15 A. M. 9.1 O-A. M. t Jacksonville for all points South. g Car service between Augusta excursion tickets to all Florida re CEO. T. BRYAN, Gen. Agt. Greenville, S. C. F WILLIAMS, %gt., Augusta, Ga. ROOFING! 'hipment Just .iso Plenty of arb Wire. Oupply you 3R BROS r Hardware and Groceries As t m '~ grown in the famous Pied ~ion, requires and takes less ng than tobacco grown in r section of the United States a wholesome, stimulating, 1 tobacco taste that satisfies munger. That's why chewers chnapps, because Schnapps core than any other chewing and that's why chewers of s pass the good thing along ewer makes other chewers, e fact is established that e more chewers and more of tobacco chewed to the >n in states wvhere Schnapps is sold than there are in tes where Schnapps has not offered to the trade. plug of Schnapps is more :al than a much larger r oc. heap tobacco. Sold at 50c. id in 5c. cuts. Strictly io ent plugs. VINSTON-SALEM, N. 0.