The herald and news. (Newberry S.C.) 1903-1937, January 29, 1907, Image 1
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. 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hereby repealed.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. >