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- t -..'"~~p -; ' a f" Z ~ V ~ ' - ( & TC 'mT 4i. ''t I., PC.A- ... --1-r , ,A,C, ,' r . .< '\, %, %;',1 . t itt . NEWBERR. . .A. 'ANUARY 29,1907 uroff. S. 0. TUBS'E ,0 ONER PUBLI WOA S h Iii 1 RelatJig to As Agreed Upon By r l6owberry Delegation-People I to Decide. a The Herald and News has already l: published the bill of Senator Blease p ab'olishing' the oiee of Commissioner it of 'Public Works and devolving the tl duties on the city eoiicil. This bill passed the senate and when it came f to the house was ireferred .to the V -Newberry delegation. It was con- it gested a substitute for Mr. Blease's t1 gested a suystitu,te for Mr. BBlease's d bill which was agreed to by Messrs. s .,Johnstoue and Wyche. . U The Blease bill and the substitute P are printed herewith. el It so happens that the substitute f< offered by Mr. Aull does just what it the petitioners ask for-namely: that n the question be submitted to the peo- t1 ple. In spite of this, however, when o nucountested matter caine up on Fri- N day Mr. Johnstole had Mr. Nash of t0 Spartanburg to object to the consid- ti eration of the bill which carries it r4 over to this week. By this bill if the people want the A change they can say so and if they i don't want it they can say so. The following are the Blease bill V and the Aull substitute: A BILL. To Devolve the Duties of the Commis- A sioners of. Publie Works for the Town of Newberry, Upon the Town Council, and Treasurer, and Clerk, and Fixing the amount of Bond of Said Treasurer and 'Clerk, at Five Pi Thousand ($5,000) Dollars. P Be it enacted by the General As: fv sembly of the State of South Caro- sV lina: Section 1. Thqt aftr. the approval bl of this Act, all the duit -erctof1-6 t belonging to and exercised by the st Commissioners of Public Works for a the town of Newberry, shall belong H to, and devolve upon the Town Coun- is eil and Treasurer and Clerk of said ic town; the last mentioned of whom at 4, shall enter into bond conditioned for at the faithful discharge of his duties in] in the sum of five thousand ($5,000) er dollars, to be approved by the said Council. im See. 2. This Act shall take effect di on approval by -the Governor. - el Sec. 3. That all Acts and parts of la Acts in conflict with this Act are hereby repealed. In (SUBSTITUTE BILL.) ta To Devolve the Duties of the Board of Public Works for the Town of New berry upon the Town Council of ti 'Said Town. se Be it enacted by the General As sembly of the State of South Car olina: Section . That after the approval e of this Act, all duties heretofore be- II longing to and exercised by the t Commissioners of Public Works for N the town of Newberry shall belong tl to and devolve upon the Town Coun- tI cil of said town. Sec. 2. This Act shall not go into ' effect until the first day of June, I 1907, nor 'unless a majority of the t, pafllified1 electors of the said town sI shall approve the same at an election at whh hl he ordered by the Town hi *Connel, not less than forty no more C than sixty days after the approval n of this Act; said eleetion to be held "~ on fifteen days' notice. by managers t iappointed by said Town Council toh conduct and report the result of the O~ sante to said Town Council, who shall ~ declare and certify the result of such election to the Secretary of State, and tb to the Commissioners.- of Publie oi Works. The tickets or ballots to be k: used at such election shall be pre- et scribed by the Town Council in such Ci way as- to plainly express the will of se the voter on 'the question submitted. tI Sec. 3. The Clerk and Treasurer of re the Townm Council aball act as the at Secretary and Treasurer of the Town 1h< Coenceil in tihe discharge of the duties t( devolved by this Act upnn the said C 'town' Council, and he shall execute a~ w ond, with surety or sureties, in the as umn of Five Thousand Dollars to be fi pprovem by the Town 'Conell, for gi i6 faithful performiance of his du- pi (as sjpeh Scci'etary and Treasurer. of Town Council shall require the thi iSadrotary ind Treasureor to pub tU ~noe or fiore of the newspapers m~ atp51trt stateteents of D is receits 'and disbursements, show Ig the sources and character of said 3ceipts and disbursements. the said 'own Council shall cause .the books nd. accounts of the Secretary 'and 'reasurer to be audited semi-annual r by an expert accountant, whose re ort to said Town shall be published i the-snme manner as the report of le Secretary and Treasurer. See. 4.-When this Act goes into ef ect the Commissioners of Public lorks shall make a full and complete iventory of the water works, elec ric lightinr and sewerage plants, un er their control, together with all applies, money and other property sed in connection therewith, in their 3ssession or under their control, in uding tile sinking fund provided )r the payment of the bonded debt icurred for the establishment and Laintenance of the water works, elee lie lighting and sewerage systems perated by them for tile town of ewberry, and shall turn. the proper r and moneys so inventoried over to io said Town Council, taking their weeipts for the same. Sec. 5. That all Acts and parts of ets in conflict with this Act are wreby repealed. ANT STATE TO TAKE CONTROL OF CLEMSON. ,t Present Clemson Will Trustees Form Majority of Board-Pro posed Change. Following is, a synopsis of the re rt of blie legislative committee. ap )iiit.ed to examine the financial af irs of gtte colleges, so far as the 1ggestiQ0s'. relate to Clemson.: 'The conmiittee are deeply sensi el;of the- del'ate and important na ire of thAt ligation, both to the ate and to this college, to present report free from partisanship. onest criticism, in the light of facts, always> helpful, for the honest crit is quick to discerit and discount iy comment made from a hostile anapoint. The criticisms concern g this college may be traced'to sev al sources. "First, The appointment of seven embers of the board of trustees un )r the will of Mr. Clemson, and the ection of six members by the legis ture. "Second, The large and - variable come of the college from the tag x and other sources. "Third, The control and expendi re of this income." A history of the establishment of e institution, the Hatch and land ript funds and tile tag tax law is von and the report then says: "It will be observed that the in me from the land script funds and atch bill funds are in. the hands of e six members of the board elected r the legislature but the bulk of e income (the tag tax) is ves-ted in p entire boaird tile majority of biom are alppoinlted underIC Mr. Cleml n 's will. This .shIould not be so. is unsounid reasoning to say thait e college today is controlled by the ate. 'We do not chlallenge tIhe char ter or worthiness of the seven memn 'irs of the board named under Mr. emson'a wvill but wve (10 say it is t a correct principle for tile fur slher of tile major part of the funds support 'the institution and 'not IVe tile absolute right to leave its vn appointed agents to say howv and hlere ths funds should be expended. "To illustrate, if seven members of e board of trustees under the wvill Mr. Olenitson. and thlose elected tihe legislature vote to pursue a rtain policy in tile governlment 0or tension of the college, which is ab) Iutely at varianee wvith tlie wishl pf e legislalture, there wvould be no diress by -the state, but to remove the next election the thlee memn rs, while it wvould be powverless as tile seven. True, the legislatur'e ulid vest tile six minority members! it tile control of the tag tax fund, they did do in the land script ma and the Hatch bill fund, thus ving its own appointed agents the >weri to direet tile financial policy the college, and wve recommend at the act be so ameondeel as, to vest em wvith this power. This recomn endation is net made because we peach the fidelity of the majority members of the board, under ;the Clemson will, but because there should be a direct responsibility to the state by the trustees she com missions. "The income of this college is vari able, according to the volume of the fertilizer business done in the state, and some criticisms have been made abouit Wle great income and the ex travagant, use thereof. It i, said we canot knqw definlitely the annual income of the college. This is true, and aln absolutely unsatisfactory method of running a collecge, which shouild be done on a strictly business basis. Of course, it is not the fault of the college that the tag tax fund fluctuates, but in making up the an nual support is made definite and fix counted on. We think, however, it is very unfortunate in one respect, for criticisms will never cease concerning the income till the amount for its an nual support is mide definite and fix ed . As is well known, the amount of fertilizers sold in this state has in creased steadily from year to year, and the gross amoun-t of the tax col lected from December, 1905, to De cember, 1906, amounts to the hand some- sum of $166,459.91, and the in dications tend more to an increase year by year, than to a dcerease. This fact will be constantly commented on to the detriment of the college, for, on the other hand, it is contended that t.he more obtained, the more will be -spent, and lavishly when there is no limit, and, oil the other hand, it is urged as belonging rightly to the col lege, it call be used justly to her le gitimate expansion. The question as to giving the college a fixed and de finite income must be settled, and settled promptly by the legislature." The committee then suggests that tWe:general assembly find' some way of diverting the tax. The college, the committee says, invited a rigid exam ination of the books and vouchers, "but the policy of the building and expans-ion is vested in the trustees as shown in the above, wich is unsatis factory. A splendid hot house, built at great expense, may be deemed iec essary by the trustees, but the state furnishing the money may think to the contrary, yet they have practic ally no voice in the matter . It is urged that the trustees should be tile sole judges of the needs of the insti tution. We do not concur in this view when the support of the college is derived from tile sta-te .With col leges having an ample endownment fund, the expenditures are discre tion-ary with the trustees, but when the income comes from the state, the discretion is qualified, and their judg meiit should be final.'' A statement of the receipts and ex penditures glready published is then giveni. The committee pays a high tribute to the college equipment.. TO PROVIDE ROAD WORKING. B:'al of Mr. Ala,n Johnstone As To Working Roads In Newberry County. Th'ie following, is the full cop)y of a lbill inltro)duced in tile legislature b)y Mr. Ayhan Johnustone to p'lovide a. more eflcient mnethIod of working the public hlighIways ill Newvberry counity. It was pased to a third reading on Friday and wvas on yesterday sent to tile senate. * A BILL To Provide a More Emeiont System of Working the Public Roads of Newberry County, .and Provide for -Its Enlforcement. B36 is enacted by the Neneral As sembly of tile State of 'South Caro lina: Section.L That tihe Board of Comn missioners of Newberry County are auithorized anld required to divide tile public roads of said County inIto highway districts, of such size-as they may deem advantageous, and appoint an overseer for eachl district, and( to assign such hlands to each district as thley ,may see proper, having regard to tile importdnece of tile road and the residence of the hanlTds so appointed. Sec. 2. Every person so appointed overseer, unless exempt fromn road duty, shall be, .required to serve as heoreinlafter provided, and any persqon refusing or nieglecting to serve, Wthen appoin1ted, shall foifelt to the County jr the stuln of twenty-five dollars, or failig or neglecting to perform the duies herein imposed upon him, upon eenVietion thereof, shall be subject to a fine of not less than ten dollars or imprisonment for not more than thirty days, for each refusal or act of negleet. The term of ofliec of such overseers shall be two years from the date ot appointmen, but no overseer shall ie required to serve two terms in sulee'4ssion1, and shall be exempt from road dulty for two years immed itely suceveding such term. Sec. :. The County Board of Com misioners of said County shall fur nish such overseer with a list of all persons liable to road duty who are assigned to work upon the highway district over which such overseer is appointed, and it shall be his duty to warn out such hands at the times and places designated t>y the County Board of Commissioners, and at such times as the exigencies of the weather may necessitate. See. 4. The County Board of Com misioners shall require all persons liable to road duty in said County to work upon the public roads not less thali six nor more than twelve day4 in each year, tn-d eight hours of actual work to constitute a day's work under this Section; the mini mum time for working the roads shall be four days, and the maximum time twelve days. See. 5. It slial be the duty of each overseer to keep a list, of the hands under his control, and note the hours of actual work which each hand per forms, and to return to the County Board of Commissioners, 'after each working ordered by them, a list of each hand under his control who works and the number of hours he has actually worked. He shall also kee . list of such hands as refuse or fail to work, and make his return to the County Commissioners, With his certificate attached "thereto, as to the correctness of such return; and the Board of Commisioners shall furnish to each overseer a book for making and keeping said lists and reports, properly and conveniently litned and printed in blank, and perforated so that such overseer may keep a stub dulplicate of the same. Sec. 6. Tihe County Board of Com inissioners shall direct the times of Working said roads, and the place in each district at which the work shall begin, and the overseer in each district shall proceed to work the roads under his charge thoroughly as he goes, arching the same to the cen tre, with drains on each side to con vev the water, taking care to protect such drains from washing. He may make the road twenty feet wide, and shiall protect. them by suitable drains from interference by cultivation. See. 7. The County Board of Con missioiiers shall provide such over svers with such number of picks and scrapers as they may see proper, and such overseer shall be respon sible for the custody of the same. All hands warned to work the road shall bring such workinig tools as the over seer. may direct. Sec. 8. Any hand in said %pounty may compound for his work Hy pay ing -to the overseer., and taking his receipt in writing therefor, the sum of six dollars per annum, anid all sums so received shall be returned be sutch overseer to the County Board of Comnmisisoners at their next meet ig thereafter, with a list of the per sons paying the same. See. D'. All moneys received as aforesaid by the County Board of Commissioners shall be expended by them for the improvement of the roads in the districts where the mnon eys were derived. See. 10. It shall be the duty of the County Board of Commissioners to enforce the provisions of this Act, and for abiy neglect or refusal they shall be deemed guilty of a miisdem eanor, and shall each be punishied b)y a fine of not less than ten nor more than fifty dollars, for each offense, by way of refusal or neglect. Sec. 11. The provisions of existing laws. relating! to (lie wvorking of' high wahys shall remain in force in said Counties, excep)t so far as they are modified by the provisions of this Act. See, 12. It shall lie the duty of the Grand Jury, at each session of the Court in said County, to make special inquiry as to the manner in which the provisions of this Act have been carried out by the several officers charged therewith, and of the fore man to institute all prosecutions for any failure and' neglect of any of said officeeis, aid while so engaged to receive tle same compensation now allowed for attending the sessinis of the Court: Provided, That in case any overseer of roa(Is perform filly and satisfactory to the County Sup ervisor and Commissioners all of the duties required of him under this and existing laws regulatiing the working of public roads in said County, in cluding the ekeping and filing of the records herein provided for, such overseer shall receive a compensation. therefor of one dollar per day while engaged therein. MRS. BLAIR RELEASED ON BAIL Bond of $2,000 Given-Affidavit of W. H. 'Arms, Who is Mentioned in the Dying Declaration. Mrs. Ethel Darrington Blair, wife of the late Conductor Cullen W. B11air, with whose murder she is charged, was yesterday afterinoon re leased from eu)study at the coun-ty .jail, where she has bcen held since the verdict of the coroner's inquest was announced. The amounit of her bond is $2,000, guaranteeing her ap pearance at the next termn of general sessionis couirt. which colveles the third Monday in February The application for bail was made, before Judge George E. Pirince at, Lexington by Mrs .Blair's attorneys, and the order for her release was Aigned yesterday. The strength of the application rested on certain evi dence taken at the coroner's inquest and upon an affidavit made by W. H. Arms, who, it has been alleged in the dying declaration,had been inti mate with Mrs. Blair, and was the main cause of the tragedy. Conductor Arms came to Columbia Monday and offered to make an affidavit declaring that lie had not at any time had any intimate relation .)f a crimin-al nature with Mrs. Blair, and that his visits to the Blair home were made through invitation of Conductor Blair himself. Arms' affidavit, though no surprise, is in keeping with the testimony of certain witnesses as to the relations of himself and Mrs. Blair and also Mr. Blair, but at the same time is contra dictory to the statement made by time dying mail to Dr .Knowlton that Mr. Arms was the main cause of the trargtdy insomuch as the fuss had been about him. The afidavit of Conductor Arms is fis follows: Before ine personally appealred Willias H. Arms, wvlho being lduly gworn, says: T am now passenger conductor on tile Sotithern railway running het ween. (1h.arlotte andI Wash ington, an hav lOe been31 on this run11 for tihe past six years. T first knew Cully WV. Blair 18I years ago, when lhe was ruinning as5 freight conducuitor between Charlotte and Danville. I was working as brakeman on tihe same division, and1 was thrown with im li con-stanitly asI long as lie worked for the Southern railway. At tIme time Mr. Blair mar ried lie was running as passenger co nduetor between Charlotte and Richmond, Va. He was married at Salisbury, N. C. At that time I was runn-ing a freight between Charlotte and Danville. Later on Mr. Bair ran as freight conductor -between Spencer anmd Selmna, N. C., and I had the same 1 ruin at the same time u(a freight con ductor. I think tlfis was the .laat . work lie did for the Southern railwayI company. When lhe had the run be tween Spencer and1( S6lma I b)oarded with hlim and his wife in Spencer. Mr. Blair and myself wer'e always good friends. We were as in-timate as two meni cou,ild be and( T'regarded him as onie of my b,est friends, and from his co3(neut know he regarded me the same waly. I felt perfectly at home lit his house and( lhe alwoys treated mie kin-dly amnd egr'dially amnd we never hand a~ eross word1. Sinmi-e hiis rmnovah to Cohlmbia 1 always stopped anld sa1w hiimi wheni ever I had the (opportunity to do so. The last time T was at his house was on January 1, 1907, and left at a that evening for Charlotte. Mr. Blair got home that day between 12 and 1 o 'clock and stayed at the house the whole time I was there. When I left he came to the door with me and insisted on my staying longer, and asked me to try and arrange it so that. I could get off for a week and omie and spend the time with him here and in Laurens. He was then inua,edg as passenger conductor on the C., N. & 'L. between Columbia am1d Flaurens. I did not see Mrs. lilair before I left tile house on Jan 1uary 1, as L understood from Mr. Illair tat she was asleep. When. I left lie house Mr. Blair accompanied me lo the street and was most cordial in is invitation to stay longer and to return as soon as possible. I have read in The State of Janu Ary 19 the statement made by Dr. Knowlton at the coroner's inquest, viherein Dr. Knowlton says that "he (Blair) said his wife killed him, be muse he got after her about being o intimate wi(h Mr. Arms'' and hat he had quarreled with her about ler intimacy with me. I swear most 1mnphatically that I was never crim nally il.timate with Mrs. Blair, and mave always regarded her as a lady >f the highest character. My visits o file house were tihrough her hus )alld's invitation, and lie never by vord or manner indietied that my "isitI werel unweleone, 1t on the otrary at1ways ilisisted upon my oming to see tlhem whienevel I could. fully intend to he present at the rial of1 Mrs. Blair and refute any hbarges tilat may be made against me is to any udue intimaey with her. (Signed) W. H. Arms. hvorn to and subscribed before me this 21st day of Janaury, 1907: J. F. Walker, C. C. P. and G. S. A LITTLE NONSENSE. ['he Meeting of an Englishman and an lirishman in New York. An Englisliman arriving in New (ork and being a stranger met an rishnan on the street and, approach ng him, inquired the way to Wall trect. The Irishman told him and vas about to pass on when the Eng ishiman said: ''Now, will you tell me how to get o Central parki I have leard so nueh about it in London.'' The Irishman told him that also tind was about to go when lthe En Olishmnan stopped him again and said: ''Now, me god man, being as I in a stranger, I would like to ask mie more usieion. Will you tell me low to get. to (lie subway?'' ie Irismian agaiii informed iim, ind, beinig impressed wihll his mainer 1id naturally cnrions, lie asked wihoft le had tle ''1111olor'' of, addressingo. The inglishman answered: 'Why, T am lithe Hlon. Lord Clian 'y of .,oldol, Ingland-Knight of hi. earter', Kniighit of thie Crown. Cnighit of t he Fleece and( Knights of he athn(1--and noow, praly tell me who iou are, sir.'' The Trishman dryly replied: 'Oh, I am Pat Muldoon of Hobo ight be )fore Iast andii every other >lOOmlin)' night, sir. ''-Judge's Mag z.ine oif Fun. The John L. Game. When Jim Corbett beat Jolhn L. ilullivanl at .New Orleans nearly fif.. een years ago, JohIn Duffy was the efer~ee. At that time Duffy wvas the >est ring judge in thec profession. When Sullivan was reeling around he ri'g in front of the jabs anld mnIIIcs that11 Colqbelt rained upon him, ie turnedi to D)uffy with n fierce clare. ''I enn't see him at all,'' growled inlhivan. ''lIe's too young and 'tot) 'ast fori me.' Ibiuffy, whoa hand .sMlways. beeni a treiiatldmirerI of Shlh i van, nodded his iead anid said : ' 'That's right, John. 4Iuall 1 stop it')' ''to"p nod hing4. '' replied the fading !hamllpionl. ' ' 'im here to get my mnedi.. -ine fromn a bet ter man . You live up~'' ' 0 thie rulhes.' W~heon Duiffy counited1 Sullivan ou~t . n thie twventy-first ronund, lie wvas cry ng like a baby. >