Historical Newspapers of South Carolina

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mony to the governor or to some re force to be appointed by the governor. Mr. McDonald charged that the fig ures submitted in the rule are incor reet in that it is charged that there is on hand, or was at that time, $669, 000 worth of liquor, whereas there was but $525,000. (This difference in figures is due to the fact that when the dispensary they deducted from the amount of stuff invoiced-more than $00,000-the amount shipped to county dispensary; they noted the latter amount at the wholsale price and not at the price to dispensers and the committee made a change in the figures). It was argued by .Mr. Mc Donald that the dispensary law gives the board the diseretion to order whiskey inl "quantities and kinds such as may be deemed necessary to the dispensary for file Iiiarler.'' All tlroli h fi law th Ier i-'acertaindis-. cretiIn lodged inl it Iard lie argu ed. Just Suppose a Case. "Mr. Melolnald, s1uppl4ose th(y have that le-al diseteltion and imisIMna1ge it,'' i(liired (Oor. A nsel. '' Well, even then it would lie necessary to submit conclusive proof of misnianagement,' ' replied Mr. McDonald. Ile continued that it is nowhere al leged that these thin-s were done with evil or ille'al intent or motives or thal tle state had lost anythin"g. There are (ball r!(es of ftlieial misCon duet iin the rile to show cause. Read ing 'froimi tile reports of' the Case of Tarant, in 185. he ieclared that it was then deerced by tle supreme Cou tit I i I wo eleiloits muist Col bine to show o.licial inkconduct--(a) doin.! some aet in ai oiflicia (alpacity in violation of 'the law and (h) the evil inl,! with wliib said act was done. Ile nti:.ned that there is no alleniti'n of evil intent in the rule to sh"w : n.1 ihat th er *t41,re the char.a Mu ni Iut talls to F n T tli - CC nt v~~ ~ ~ ~ 1' 11 r X:11 1 11iw' vtu:. I. r'--ex:eniin.aion i- the test of the ItIIl. the 1(t of the witness' Car11 ity t na rralt t trulifilly. It: (enei,ln he aid: "Ne ask your 1xcel: y that we he allowed a reasale : in PI whic h t "t et the witeC-- *'. to refuite the i'har'ges, arolv, w wIuh like to get those witnel(' Mr. Lyon's Reply. Ir: the \iery ''n-et Alr. liy i oihitited is nii law, *-alil Nir. I .yon ire-truict ing the' stock at the' 'i:ie dlispenlsary to this iimiur . hit the l.'weir act. whlich 15 plmbrlyu'. miiIiiostriuied, hats t he puirp(iN atndm in'ent of' doiing that aiid shows cearnily t hat thle legisla tive body of thle state highly disapproved of thle iolley of carryi'ing~ a sto('k of more than $100.000. ie st ressed( the fact t hat sincee thlit ime( of the enaictmnenit of thle Mlower ac't. mote than one-thiiird of thle coun11 ties hazd voted ouit thle dispensary, the buisinless of thle iinstit ution had deC ceased moUre tha li one i-thlird't an here is now nit so much niecessi ty fo r (ari'ng a stock of $-100.000 as therev wits at thle t imie thle Mower act be camle law,'i incapacity '' is one of' the things ('hairiid againlst the( boardu. ' 'Intenit'' leet* does iiot . The " iinpacity'' charged is thiat. thle judgment of' these meni has iiot been good in that they hav runillf thle st ockc to $669,00-or anly (other amount ini excess of' the $400I,000--whien there is one-thbird less businiess than there was when the act was passed fixing that amouiit as a safe stock on wvhich to do business. 4 , L~'Ie then replied to the argument that this hearitng is a criminal prose cntion. The governor does not pro p ose to relieve these men of any of t heir rights as citi'/.ons, but merely to e, o*re st his authority to remove themi 0o0100lc for cause. If this w~ere .i ~ ~i~ V~v onld be0 given a jury. This ceur had been agreed ~*~theray and now the at ~i~&~Vf0 t(4 00'used are here or i O 'ow cause wvhy thei" clients should uot be ejected, not to dispute the authority or right of such action. Are the specifications true? Have these men disregarded the rights of the people of South Carolina in pil ing up an enormuos stock against t.e rights of demands of the institutions The attorneys could not argue that their clients are not guilty of incom potency to say the least wlhen they have purchased these liquors for 30 cents per gallon more than they could have been obtained for in open mar ket. Mr. Lyon admitted for the sake of argument that the law does give the board absolute discretion and that the COIity dispensers have totIting to do witi tle situation. But knowingly anlld wilfilly the board has voilated btsiniess I precedent and hias disrv-gard ed (lie demands of tle trade as shZowi b ' tie cor 'respon ( v nice 11rom thliile conil ty' dispensers to the(-comisioner ni Ihe com mIIIsIIS iOnler to ((he boardI. Some Specifications. Ainv privale citizen hias the right to Point out improprieties to the board and if they pmrsist in a course which evidently is wrolg they are guilty of wilful, wanton miscon duet. Their duties are to suppl)y. the needs of file county dispensers who had cmiplained that they could not get X in an X corn, oI which the diS)el sary lad a low rate of profit. 'I'he board had before it samp)les and bids, aco11(ding to the testimony, annd refus ed to buy. Is that not neglect of duty? In the "Clark case,'' 1,600 barrels had been boug"'ht by one Jlohn Black i1 personl beyond lithe limits of the sta t. There were no bids, no chen iell analysis. In section 5157 of tho criminial 21 1 ode it is stated inl part ".f sidt, boa Id of directors sliall! U b. t ths u te, or Idllo bi plYe in1 the' expa11- -ut., an 411''.i 1 1 lk I( 2* ' Lll e--.1:1' rIll. btd thitie)ra ur r te he ty.1 rI n hi c aid ~ ~ ~ S1.1 be ,thrshlbea:npl.wf . . li 2p2r 11*' . for s 11( V2 111~ 1.Mll 1ctn::.4m 1 tmo th an 21 n h I n't' . tiiI1 . . 111" -Iflv oblle hill wa1-h. whi v 11 shfllt'. wInids Si-ll com1missionert. to be retained by him until1 after' it has beeni ascertiniIed that e11" wiOs 01 lituo's purchased coriespoid in all respetls with thit I)chl-el said samples to be the proertyit the state. Said bids shall bni kat b the state tenasrer in his f4liat mi lie shall o t l imseplf. re ia - V0w*F(ySp n ti inspect saiti bids. o bult -d:ll hdeliver 1 said hids to the ii rPet*r *f th le dispen,-ary, at a2 meet in hfel boalrdl ofi dlirtorsi(, who 1ha!nopen a i tid 1)i1 inl pblie a re bvrdil hktlids, in sa boak kept for t lit Pirpose. Sa id dirtector o3 f Itie dis l4en,ar1 y ma;y re('ject an an fud alt bidsl 12n1 I readvertise forii ithe bi''lids. ' Th'e(' i reieents arie there lid ( downi. 'The('1 charges aga!2inst the board in t his en-e are that they failed to re eeive sonples10 for the Clark purchase, t hey received no bids and one John Black went ''heyond the coniniies of his state to buy the liquor. If tihe former biids had been unsat isfactory, why dlid thiey not reject them all and adv'ertisei for others? This purchase wa's made(1 inl diret violation of law. Four pr'ovisions of the act wvere viola ted openly and wilfully by John Black. Andl Wylie and Rawlinson did not object, and afterwards ap prov'(edl the a(ct, thleeby beinlg abbet tor's ini this grossly illegal procedurte. SViolations are Criminal. It'i nit necessary to pr'ove these aionis of the memlber's t) lbe wilful ini iirder Ito est ablish suflecient cause fori remol(val. Section1 555, the first sectionl of (lie dispensary law, itself shows I he( ciinuial na11tureC of offenses against this law. It does not name the 'violation of each seotioni as a speifLie misdemieanor', butt it doces de elar'e thait all violations of this law are criminilal in their nature. What. is right and proper to be done in this ease? The attorneys ask for timle in which to bring witnesses here. Mr'. McDonald last Tuesday practical ly admitted that the governor has au thor'ity to recmove for cause proven by the testimony. This day was fixed for thecm to show cause. The diroe tors are chaergedl with having violated the law in that they did not purchase themi and that tile purchase wvas not malde in board meeting but that. tii John Black went beyond the limits cof the state. Is it necessary to bring hlere a great many witnesses to di. prove tist Lot the keo.A , the state dispensary be te best ie,Oce. Those records will prove thq 0rges beyond cavil, and these dire-rs are required by law to keep in 'the record book all of the bids, etc. The evidence is that this Black went to Peoria to got cheaper:4hiskey and actually he bought it at a. high er price than the bids which had been submitted legally and had been re jected. The letter of John Black it self proves this. Get the records and John Black's letter and it will be unnecessary to bring any witnesses here to prove or disprove anything. Thero are the records to speak for themselves. Why Ask for Delay?. Why (1o they need time? Why do they ask for delay ? Shall your excel ley('N listenl to testiimony as to coln versalionls between Black and liquor men in Peoria. All. file necessary evi (lence is righit hee nder their very n1OSes. Their own vvpert blender is here, tlie ant iemployed by the boand becanse of' his experiencee an'd ability.; Tliere are men inl Ciarleston once en gag-ed in the lignor business who Imight. give expert testimlionly. Why send out of tie state f6r expert wit-1 iesses. What is more needed to substatfli ate the eltarges than the complaints of their owI official servaits, t lie county dispensers, who aill declare that certain liqquoris boughJit by tlie board are nfilt for sale. It should be a 11tt' o1 reol'd whether or not the board was unable to -et one-X corn and onie-X gin. whetlher bids were fil e41 and rejecled, whether samples were analyzed, whether new bids were ad vertised for. 'l'There are -ood reasons for de lIy. aid ri do lot blamlle these gentle 1lenl for sevkinl._-: a delay,'' said Mr. Iyoln ill colehisioln. Ile state di le i'l11y is (ilt'~ o l, v\i-stellee 1)' 4prtn111 m of law. anld thIese milen h1opit t bet '-a vdOI th' 'h:e ni and dis'n' -e ir.:l - h, j td ro mn Ov wil' W\hy~~i li hot the 24lvernor)l aOtl .\nd y nb11111 lic i act CtM evidellen' ''ll wit -I werel sworn, i aio 1 ihreAte11d w11 pros (1116,01 1,11r poil' l-v :1nw wvilines" wl 11' Sh1oulild 11u11 tell I le t rit h. Would O heY dore o S:1*v nII\w Ilhat thwY had nwt I he truIt I lo tr tI e Iv 11 - it , say V htn tm i hI n heen VALENTINES! I have a full line of Card Valentines. I als< sortmentcof a m flie rfnd My price I to 5 cents e my new car d gn?Mirg Post Card Album= 10c, MAYES' Be SOUTH Through Pullma on All Thro Convenient Sc LoCal' Tickets are now on Sal For Full Information ar consult Nearest Souther Geeo B, Allen~ Feed, and Sale tAle -:- AT - NEW BARN -:- OF -: A. T. Brown on Caldwell St. Brown & Co. NOTICE. Before letting the contract for your new build ing see WT. Liv ingston. B e s t Work. Lowest prices. Lock Box No. 59., Newberry, S. C S. B. JONES' RESTAURANT IS THE PLACE TO GET Good Things to Eat ON SHORT NOTICE AND .AT MODERATE PRICES. Oyters on Half Shell. Oysters any St>.. Fish. Game, Steak, in fact E yhw that the market affords. Patronage of Ladies Solicited. h; ste' Newberrv Hotel Ofice and 2'e. Do r to L'()Ol 1oon. LOMK TOR THE SIGN S. B. JONES' R?ESl AURANT I VAL NTINES!N t C - 1 Comic, Lace and Post h.e a very large as Local V;:w Post Cards. aich. Don't fail to see from Newberry, S. bi. td60c. each. OK STORE. .n Sleeping Cars ugh Trains. hedules on All Trains. e. to all Winter Resorts. to Rates, Routes, Etc., ii R ailway Ticket Agent IW.Hunt IIon Pass Agent PROSPERI D&pital St6ck - - Jndivided profits - Interest allowed at rate of 4 pei Special attentiOn to farmers' imall, none too large to enlist our b o meet and greet you. Call in. 3. Y. Hunter, President. J. J. F. Browne, Cashier. F. Board of Di* 4. L. Black. A. H. Hawkinc . S. Birgs. J. S. Wheeler. . P. Boozer. C. Y. Hunter H B NUWBERRY Newberry ,apital stock paid in 5urplus . . )eposits . . . We do business an busi We extend every conc vith safe and sound ban] :our per cent. paid on Department. Fir< Burglar Proi AS. McINTOSH, President. Orond SIoU[ Before Takil Commencing Monday, Decemb( ur annual fall clearing out sale. ihen we put out an advertisemeni iot a catchpenny and windy schen trictlv business matter, 1st. To c rouble and expense of taking sto< >argains to many people. We wil >r one fourth off of the following gi All Clothing, Men's, Bo olored Winter Dress Goc ill Ladies' Jackets, Capes nere for Men's Pants; Mi lies' Hats and Fascinator squares; all Trunks. This sale positively goes'into eff< mnd will end any time we may cho :arly and get choice selections. >f goods outside of our special sale we claim we cannot be beaten. 3ewing machines. guarantee unlin eliable Domestic Sewing Machin< For Christmas presents don't fa Our 28th car, making 3000 b: ilour, has arrived and going rapid Best Patent -- Best Half Patent - Kill dried Meal .. Kill dried Grits .. Every barrel guaranteed. Bett< nay have to pay $6.00 for same fl rances. We are selling hundreds No goods on probation or charg PROSPERIT e XI'&/ Opl rho Gommiercia Bank, -12,60O0 centon time 'deposits. accounts. No account too est attentioni It i. a pleasure S. Wheeler, Vlce;PIesident lunt, Hunt & Hunter, Attys. rectors: P. B. Warner J. F. Browne A. G. W e ;AVIN GS BA NKI . .$ 50,000.00 . .25,000.00 . . 235,000.00 ness principles. ideration consistent king. deposits in Savings a Proof Vault. of Safe. J. E.. NORWOOD, Cash ter ihier So ig Stock. r 17th, we will commence People have found out that it means something and is ie to fool the people, but is a lean out our stock, to save -k and 2nd. To give many 1 positively give 25 per cent. Dods: ys' and Youths'; all ~ds; all Ladies' Skirts; , and Furs; all Cassi 3fn's Dress Shirts; La *s; all Rugs and Ar ose to call it off, so cm We have an Immense stock ~, and for bargains all around Ve have special. drop head( alted, for $17.93, and new, is $25.00. ii to see our selections. {~ irrels of choice Tennessee ly at following prices: - - - $4.35 - - -3.85 . . . '7cents. . now, $1.75 sack. rbuy no,next spring you ou.Buy before price ad , let us sell you. ed at these prices. Y.S. C. LIGHT ON THE BANKIN4* QUESTION the touch The Commercial Bank of wherry, S. C., bears aloft to en hton all who want, to know. Our thodis are an ''open book'' to each a of our-.depositors OUR NEW 1(EA1'S A000OUNT invited. ''Light?' on the increasoof ii cash accoun~t wvill shed its ray0' rough each deposit on your bhiJ ok. To ''get on'' in the world f07, -have this bank assist you sning an 'account to-day4 of Neowberry$.