The herald and news. (Newberry S.C.) 1903-1937, April 19, 1907, Image 4
E. H. AULL. EDITOR.
Entered at the Postoffice at New
Gz!rrv. S. C., as and class matter.
Pariday, April 19, 1907.
The $45,000 court house is Mile
needed and Newberry county is foi
tunate to get such a building, fo
that sun in these times when mnater
ial of every kini and labor ar
scarce anl(d going i) in price all th
Stime.
Our Prospeity correspondent i
entirely mistaken. The Herald ai
News is not knocking a)d really ha,
has Ito ialller. We eannot illagii
to what von refer. You 'lbonld no
make sielt ii(leffiit refere'itcevs. Wu
are eepin vert0hing tat is fit
forl fhP ood lof' thle -ounty, and I h<
state.
We limblili ill this paper the edi
ioriaj friom omr eolempoiarY. I h
Observer, on1 teit coist able qitestior
and otherl1 matters wivhih he br-on.h-i
into it. anld also tihe r;eply of R?elres
vintalive Auill to the cri.tivisml of thle
Ob'erver mainly as to Imatter-s whih
have nothintg wihatever to do with
the appointment of' fihe constable.
We trutst that. this will close the
controversy and tllat. Constable Wil
lianis will have file co-operation of
the sheriff al(d his depities and all
of the other peace officers in sup
pressinir the illicit sale of whiskey in
this county.
IMMIGRATION.
We desire to direct attention to
another Coimnlitiicationl in this paper,
which is reprinted from the Atlanta
Joir-nal and contributed to that pa
pet' by Bishop Waiiren A. Candler.
Ile writes agrain fin ar-tificially Sti
initiated imimigiration sitch as we ar<'
haVillng1- in some ditections in fil
south at this time. lie tmakes several
observations otn this Subject, which
we trutst. will be tead and diueste
hiv Ihose who ar-e Cnthu11iaisti 4n1 til
s1bject of imIitaion lo seen
tit think that the salvation tif th<
south depentds upon this kind of ii.
umii-iration. for it is the kind that we
are having.
We agree entirely vi tI Bishop
Candler, that there is nio better typc
of civilization, which has ever beet
known ill tle history of the worb
than that of the south. and that therc
is nothin- better this side of heaveii
thanl an1 old fashionled 0itristial hom(
inl the south, and we do 114t care t<
see tle type chlaned, or even to takc
the ri 0,o havi,:.. it eBmd.lishil
Calndlelr w ll l d n11-1h111,u1lly says:
''It an lood orciIners desire t<
cOlle a t ts oll their. owil motion
at1l will v-11tirsn t1Ill this tNpe, wt
('ml 414 t: n I tt -i4l4 1001m. anod we il
nt'lI all ith' ('XilIi. anOt t1l'i nunig
of ny ot. Weti shal eal the(' tau
God'li thas ini u 1s for urt o civ
Tilhe th th is tel hme(f'Aer
cnais gand th strongolde aotf evang
dlital rlife.n atd tie laieos ci
Potk ointes a'gathins. W
etan dfte wt orb mare ghodf prei
servoing of exampe orsneh hi.
type f(civilizaio toao w caniel h:l
moneode nly and whom we11 eiek i
piean that i l greed. ~ 'ie
c't''oieiig with101 conteden i
grAtgi'sid the ealpo)rdsltile. Iti
dividuar life.gandfin the tieeeoteth
comuy asik o a mr wh lie. g~~
youca eisiclea $o7ak prifit of eac
shdor ok spii o. on o t
Sell prach aot teey hoamie.oera
oder g own Planstan cience peo
ptretanb thatukin mailg fowh enli
comest hang toot plea d?s
AndFo the esent, bird sometiones gt
iW: t here the rgulravetithed raten
4h workafo an munday $iin wh
yo cn aily lar$ roi.o n
dolla. Wor in ouown lo C.t
Sells~ at alos ever alome or a
THEI BEER OASES.
The Governor Hopes Supreme Oouri
Will Soon be Given Opportunity
to Pass on Sec. 36 of Act.
Governor Ansel today, says the Re
= cord of the .15th, rendered his do
cision inl the Richland beer bottlin
- case. He concludes that the questior
raised is a judicial one and that he
'has no right to make any order re
quiriw the Richland county boar
either to grant or revoke a permil
for bottling beer. He puts the lau
question i) to the suptreie court,
refusing to take a hand inl the matter.
''I am satisfied,'' the decision con
eudes, ''that the said board did not
act willfully, deliberately and criiiii
nally as alleged in the- petition. It
is to 1e hoped that the parties in
t.res-ed may soon obtain from the su
PrTni, (10urt inl piwoper proecedings
.a deisionl sho141winl'g the proper Con
struction of said -section 30.'
The cont roversy, which has pass
ed tihrough three hearin-s before the
rov'rn,1 has beenl watched witli
kenu inest, ti1rouihout lie state,
pa,rtielaiily so iin some 25 counties
similarlv situnted as Richland.
The pItitioners. It. E. Wats and J.
11. 1 etion, elaimel that section 36 of
lie Carey-Cothran act expressly li
mut1'! h leer bot I ling privilegs to those
concerns actuially engaged in the busi
ness 1, tile time tihe new law went
into effect, and introduced affidavits
to show that a rival, Charles Narey,
who was -ranted a permit by the
board, had been out of business since
last July. They asked that the county
board he compelled to carry out this
iliter-pr-etatioi of the aw or be re
moved for willful violation of the
law.
The opinion in Ctil1 follows:
State of Sout.h Carolina, County of
Ifichland.
Ex parte, It. E. Watts and J. Best
Letton, In re John J. Cain, B. I.
EnJ'vglish aid George W. Taylor,
onstituting the County Dispensary
1:;oard for Ricliland County.
Petition.
The petition in this matter, which
was filed ini my olice by the petition
Vrs, seeks in paragrapts seven and
eiItt of said petition as follows:
")aragraph 7. Your petitioners
aire informed and believe that they
have no remedy in the courts othiet
than that provided by the criminal
court, and they do not feel called ill)
on to institute a criminal prosecution,
I but tesptetfully appeal to your ex
cellenley to protect, them in the en
i joyine.it of their latvful business amd
t) use lhe pregoratives of your ligl
o offic 1%) force said cotunty dispenlsalry
board to obey the law or remove the
mm11Ilbers theiorof from omele.
'alra h a pi S. Thal aside Irom th(
iersonal rinancial interest which yom
petitioners have, they as citizens oI
lie stalt ask that ou' exeliInc
Isee tluit this law be enforced in it:
true m:nuiu and int'.ntl, and tha:t
tin.se 441ersi he( ritedi I to conidiil
t Ihe buisins ot'5 th le d ispen sarmy pursu
-ant to law and their oaths of ollice.'
The ireturn and answers with aml
-(avits and exhibits of the county dis
-pensary hoard was also filed shiowing
the action taken by the said board ir
Igranting a license or prnivilege to the
petitioners'V and( also to Chiarles Narey
-A ret urn was also filed by Chiarles
Narey.
-A 1lid1avi wre fi led in reply, ar
mnent(ii was heard by me from the'
coun tsel r-ep re4sit ting all thle part ies
It appears to mec to be a contro
versy bet ween the beer bottlers, a
to who was legally entitled to be li
conisedl undcei sec'tioin 36 of the Car
ey-('othraii act.
-This quest ion is one of lawv tha
must be settled by the courts, whiei
ribunal is ihe only one wvhose decrei
will be0 binding upon01 all parties.
I am satisfied that the petitioner
have their remedy to go into cour
to ask thait the county disp)ensar;
ho4ardl shall revoke the permit grant
edl to Chlarles Narey.
This being a judic.ial question,
hiave 11o right to make any order re
qiing, said board to either grant o
revolke such licenses or permits asi
conltemp)llated ini section 36 of sai
s act.
-The petitioners also allege that th
county dlispenlsary board acted will
fully', deliber'ately and criminally i
violating the terms or said act, an
a in disregard of the law in grantin
b said permit or license to Charle
r. Narcy, in receiving from him th
a license fee, and in purchasing from
i- him beer-and that therefore the
8 should be removed from office as pr<
vided in section 45 of said act.
Leaving out of consideration th
question as to whether under sectic
e 45 .they could be removed from offBe
.s before conviction b)y the* Court' ih
;lusto )resenlted is: Does the .show
r ing nmade make out such a violatio
of the act as that theCy should t1
remloved from offie?f
A fter carefully 'considering, a11 tU
r facts brought 'to my. pite tion by th
papers filed In the ase i a
fied that the said board not act
willfully, deliberately and - ctinally
as alleged in the petito',
The sworn return of.-tho board
shows that before'acting utpon any of
the pbtitions filed before them they
sought legal advice as to I 6.proper
construction of section 80 of the Act,
and as to -what their dutiy was in the
matter, and were endqavoritig to
comply with the provisions'of the act.
It is to be hoped that the parties
interested may soon obtain from the
supreme court in a proper proceeding
a decision showing the proper con
struction of said section 30.
The petition is hereby dismissed,
April 15, 1907.
M. F. Ansel. Governor.
Want Books Examined.
Newberry, S. C., April.6, 1907.
(,oiiisioners of Pu-blic Works,
Newberry, S. C.
Oenitlemlen:
Ilavinlg been informed that there
is somne dissatisfaction on the part
of some nieiibers of the Council and
some other parties as to my monthly
reports as well as ily annual reports,
I respectfully demand of you that
you have some accountant. carefully
examine the hooks anid accounts of
this olliee and report thereon, and
that I have the privilege of haviu
this report published.
No one has ever applied to this
oflice for any informaition without
having every courtesy extended to
him and an honest effort made to
supply him with the information
wanted.
My reports have always 'been ae
cepted by the council and I have
had no hint that they were unsatis
factory.
I urgently request that this mat
ter be attended to at the earliest pos
sible moment.
Most respectfully yours,
Capital $50,000 00
Deposits $2
THE BALAI
at The Commercial Bank s
the bank's business. It als
THIS BANK'S
are getting on in the worlk
It's a goo di plan to make a
and liabilities before bec<
scrutiny is always in our fr
IThe Gomnmercial Bar
4 per
Interest paid in our
"The Bank for
JNO. M. KINARD, Pres.
J. Y. McI
Quickest anl
3Savanrnah, Wae
villIe, and all 1
CHARL.ESTON ANDl
Lv. Laurens daily, (Eat
Lv. Augusta
Ar. Savannah, (Centra
Ar. Waycross.
Ar. Jacksonville
Close connections made at
Through Pullm~an Sleeping
and Jacksonville.
eRound Trip winter tourist e:
Ssorts now on sale.
C. H, GASQUE,
o Agt. Laurens, S. C.
ERNESE
Gen. Pass.A
F. M. Boyd,
Superintendent.
Newberry, S. C., April 9, 1907.
To the Hon. A. T. BrQwn, Mayor,
and Council,
Newberry, S. C.
Gentlemen:
We enclose you letter from Supt.
Boyd requesting an examination of
his Books and Reports and would re
fer the matter to your body for such
examination as you deem advisable.
Yours respectfully,
James McIntosh,
Chas. E. Summer,
W. F. Ewart,
Commissioners of Public Works.
SOUTH ATLANTIC STATES MUS
Io FESTIVAL.
Spartanburg, S. 0. April 24-26, 1907.
Round trip rate via Charleston &
Western Carolina railway, one first
class fare plus 25 cents, tickets on
sale April 22, 23, 24, 25, 26, 1907,
with final return limit April 27, 1907.
NOTICE.
We are now ready to deliver to
your home Ice made of good pure
water, home made Ice, Ice today, Ice
toniorrow, Ice the next day and Ice
all the time. No ice famine any more.
We are going to give you good ice,
cliea) ice, and good service-we
want your trade, we need it and you
ought to give it to us-we have gone
to a great deal of trouble and ex
pense to help our town and we want
to help you and we want you to help
us. I promise you good service. If
men are not polite and accomodating
to our customers white, or black I
want you to phone or see me and I
promnise to make good.
You will get your-ee book from
the office, or from the driver, no ice
sold on credit.
Respectfully,
Farmers Oil Mill,
J. H. Wicker, Mgr.
Surplus $48,800 40
55,674 25
r
9CE SHEET
hows a healthy growth of
o shows that
DEPOSITORS
and adding to their wealth.
diagnosis of a bank's assets
ming a depositor. Such
ivor. Bank here.
Kof Newborry,S, C.
cent.
Savings Department.
your savings."
0. B. MAYER, V. Pres.
ALL, Cashier.
I Best Route
0-o
cross, Jackson
ilorida Roints
WESTERNGCAROLUNA
~tern Time) 1 .50 P. M.
10O.20 P. M.
Time) 2.45 A. M.
6.15 A. M.
9.10 A. M
Jacksonville for-all points South
Oar service between Augusts
ccursion tickets to all Plorida re
G EO, T, BiWYAN
Gen. Agt. Greevlue,. C
WILIAMS,
t Augt0t, A
Roti
If you need a
pieCE
FURNI
or
GOOD *
call
R. C.WI
The Installr
McCaughr
P. S.--A few ''Be
and Milburn Wag
JUST RI
A handsome
fords, all siz
and p1
Come before
at all b
We can fit all
or othE
Statioflery, I
Miss Broadidus
are arranging t
of Stationery
room of The H
,office and will
have their frier
Box Paper, Pens,
thing in StapI
They wlli also
and Tobacco,
They are SUi agenta fo1
IC
nice, stylish
~of
TURE
a
TOVE,
on
ILIAMS,
nent Man,
in Block.
irbair" Buggies
ons still left.
CEIVED!
line of Ox
es, grades
Ices.
the Stock is
roken.
feet, narrow
rwise.
lgars
d Tobacco.
and Miss Ruff
o&open a line
in the front
erald & News o
be pleased to o
Ink, and every- 0
e Stationery. ht
handle Cigars ,f
the Laurerns Laundry