The herald and news. (Newberry S.C.) 1903-1937, July 30, 1907, Image 1
y XIV No 69. NEWBERRY, S. C., TUERDAY'JULY 30.1907. TWICE A WEEK. $1.50 A YEAR
N1ORT-GAROLINA
WINS ITS FIGHT
COMPANUES DECIDE TO PUT IN
TO EFFECT TRE NEW RATE.
Threatened Conflict Between North
Carolina and the Federal Govern
ment Over E-nforcement of 2 1-4
Passenger Rate Averted by Rail
roads Agreeing to Enforce Nev
Law Pending Settlement of the
Appeals.
Raleigh, N. C., July 27.-The StatE
of North Carolina has won in its
fight to have its passenger rate law
of 2 1-4 cents observed by all th(
railroads pending an appeal to thE
courts by the roads of the state whiel
propose to fight the law.
The promise of obedience to the
law by the Southern and the Atlanti,
Coast Line railways, which, since Ju
ly 1st, the date set for the rate lam
to go into effect, have been violatin
the law. was given late today, at 2
conference which the railroads soughl
with Governor Glenn, who had stt
ed that as a precedent to any agree
ment he might make, that the 2 1-4
cent rate -must first be put into effect
The conference was a private one
newspaper men being excluded at th(
request of. the railroad attorneys. Af
ter -the conference, Governor Glent
stated that at the beginning of th(
conference -the railroad representa
tives stated that they were ready t(
agree to the 2 1-4 cent rate. later tc
be tested in the original inqunctior
case before Judge Pritchard, an ap
peal if necessary to be taken by stat(
to the United State Supreme Court
while the railroads would appeal th(
Wake county case to the North Car
,plina Supreme Court, and if necessar3
take the case on writ of error, to th(
United States Supreme Court. The
only trouble in the conference was z
selection of the date at which the f
1-4 cent rate should become effective
The railroads wanted a longer tim(
than the state was willing to grant
but finally the eighth of August wa
agreed upon, as the railroad represen
tatives stated that it would be im
possible sooner to make the propei
arrangements at heir various tickel
offies to supply tickets and to fiJ
rates.
The conference was harmonious
throughout. The state was represent
ed by Governor Glenn, State Treas
urer Lacy and the special. counsel en
gaged by the governor, including For
mer Governor C. B. Aycock and Hon
E. J. Justice. Speaker of the house o:
representatives. The railway repres
entatives were Alfred P. Thom. o:
Washington, and .Judge Alexander P
Murphy, of Louisville, general coun
sel of the Soathern Railway, Alexan
der Hamilton, of Petersburg, Va.
general counsel. and Geo. B. Elliott
of Wilmington, N. C.. assistant gen
eral counsel of the Atlantic Coas
Line, and George Rountree, of Wil
mington, N. C., counsel for R. Nelsor
Buckley, and other stockholders o1
*the Atlantie Coast Line, who had ob
tained restraining orders and ai
interlocutory order from Judg
Pritchard against the Atlantic Coas
*Line. putting the 2 1-4 cent rate int
effect.
The Agreement.
The agreement. reaehed at th
conference is:
"1. The railroad puts the 2 1-4-cen
rate into effect not later than Augus
8. 190~.
"2. The state to appeal from th
order Ef Judge Pritchard dischargin
parties in Asheville on writs of ha
'beas corpus.
"3. The Southern Railway app)eal:
c Sulpreme Court of North Car
the Wake county case, an<
case is there decided against i
take the ease by writ of error t<
~Supreme Court of the Unite<
ates.
"4. That both sides co-operate t<
ave both of said cases advanced an<
argued together and speedily advane
ed.
"5. The sta,te at its option to indie
the Atlantie Coast Line in one case.
''6. All indictments and proseeu
ions now pendinz to be dismisset
nd no other indictments or prosecu
ions to be instituted for any allege<
-li(nS of the law up to the tiuii
of the new 2 .14-cent rate is put into
effect under this arrangement as far
as the Governor can control the same.
"7. The governor advises all peo
ple against bringing any penalty suits
pending final determina;ion of the
questions involved and asks the peo
ple as a whole to acquiesce in this ar
rangement.
"S. The suit pending before Judge
Pritchard to be diligently prosecuted
without the state, however,. waiving
any question of jurisdicton."
Messrs. Alfred P. Thom and Alex
ander P. Humphrey, counsel for the
Southern Railway company, under
stand that the Southern Railway will
not inaugurate centempt proceedings
because of anything heretofore done
-by any of the state officers in con
nection with the rate litigation. They
agree to do all they can to prevent
the inauguration of any such con
tempt proceedings.
This arrangement between Gover
nor Glenn and the Southern Railway
is also assented to by George Roun
tree, attorney for R. Nelson Buckley
and others, complainants, and Alex
ander Hamilton, general counsel for
the Atlantic Coast Line Railroad com
pany, except that they do not consent
that the Atlantic Coast Line Railroad
company shall be indicted in one case.
As to this clause in the agreement
they leave the state at liberty to do
as its sense of duty may dictate.
Statement by Governor Glenn.
Governor Glenn. late to-night, gave
out a statement to the press regard
ing the outcome of the state's fight
for the 2 1-4 cent rate law, as follows:
"The governor considers the vic
tory in the matter of the state against
railroads as one for state's rights and
the people. There were many things
that added to the victory.
'"First, the righteousness of the
eause, the determination of the peo
ple through their officers. no longer to
submit to the oppression of the rail
roads or the interference of the fed
eral courts.
"The governor feels that it is a
great step forward for state's rights
and that if all the other states of the
Union will continue the fight already
begun in North Carolina, and insist
upon their senators and representa
t tives in congress trying to curtail the
Sgrowing power of the federal courts,
in the future there will be no trouble
to control and direct railroads and
other corporations.''
- Sanford Back in Washington.
-Washington, July 2.-Assistant
United States Attorrrey Gener
al Sanford returned to Wash
Eington today from Asheville, N. C.,
where he went at the suggestion of
Ethe attorney general to look into the
matter -. of differences between the
federal and state authorities, arising
out of the law inhibiting a charge of
more than 2 1-4 cents per mile for
passen;rer traffic within -the state. Mr.
Sanford said he was not at libery to
make ime statenent regarding his
-mission or the result of it. He left to-I
inight for Lenox, Mass., to lay the
Swhole matter before the attorney gen
eral who is spending his summer vaca
1tion.
i A Doubt.
" That was raTher slighting,'' said
Senator Beveridge of a certain
speech. "It was like the speech of the
Sold Adams butler.
"When I was a boy in Adams
tcounty, Judge Blank was taken very
till. . The doctor called regularly, but
the judge kept gettinz worse, and fin
Sally the crisis came.
" 'The mlorninlg after the 'eri is the
-doctor ran~ the jdbe 's he!! at sun
rise.
"' '1 h pe your master's tempera-'
" 'I'm no ssure an: ii:i.'' the
.man as ered. 'HeC diedl. sir in the
Ini::'.' '-'ittsburU Press.
)Cheap Rates to Little Monntain on
IAccount of Newherry College
- Reunion.
On accouunt of Newberry C'olleg.e re
Sunion at Little Mountain. Friday, Au
gust 2nd, the C.. N. & L. will sell
-round trip tickets limited to date is
Isued, good on regular trains from
-Newberry at the rate of 60 cents.
I .1.~~ T. R4 )MnelOfn
SEN. PETTUS PASSES AWAY.
rhe Distinguished Alabamian Called!
to His Reward.-Died at Hot
Springs, North Carolina
Was 86 Years Old.
Asheville, N. C., July 27.-United
States Senator Pettus, of Alabama,
lied last night at 10 o'clock at Hot
Springs, this state, from the effect of
i stroke of apoplexy with which he
was seized when at the breakfast
table yesterday morning. His entire
ody was paralyzed and he never re
%overed consciousness since that time.
Senator Pettus's daughter and his
Zrandson, E. W. Pettus, Jr.. reached
Hot Springs an hour before the Sen
tor's death, but he did not reen<rfnize
them. The attending physicians say
that from the time of the apoplecticl
4troke Senator Pettus suffered no
pain and that he passed away quietly.
While the funeral arrangements have
not been completed, it is announced
that the body will be prepared for
burial here and on Monday will be
taken to Selma for interment. The
funeral services probably will be held
in Selma next Tuesday or Wednes
day. '
Senator Pettus arrived at Hot
Springs about a week ago from Tate
Springs, Tenn. Up to the time of the
eizure he was a-pparently in the best
of health. At the breakfast table
yesterday, it is said, he was unusu
ally cheerful, and when he wasl
stricken the guests of the hotel
thought he merely had a fainting fit.
Physicians were summoned from
Asheville for- consultation with the
local physieians and it was seen that
there was no hope of the Senator's
recovery.
Senator Pettus celebrated his 86th
birthday at Tate Springs last week
and on that occasion his unpsual vig
L was the subject of comment.
Gen. Edmund Winston Pettus was
the son of Mr. John Pettus, a plan
ter, and of his wife, who was a daugh
ter of Capt. Anthony Winston. Born
July 6, 1821. Gen. Pettus lost his
father in early infancy, but was for
tunate enough in having the care of
a wise and excellent mother. He was
educated at Clinton College, Tennes
see, and read law in the office of Mr.
Wm. Cooper in Tuseumbia. Licensed
to practice in 1842, he at once located
in Gainesville as the partner of Hon.
Turner Reavis. The same year he
was elected district solicitor, and was
re-elected ira 1849, but resignedl in
1851 when he removed to Piekens.
He labored in his profession in Car
rolton till 1853, when Governor
Collier appointed him to the same of
41ee to fill a vacancy. In 1355 he was
elected a judge of the circuit court,
and remainedl on -the bench till Janu
ary. 1853. He then went to reside in
Dllas County. Here he pursued his
professional career till the beginning
of the war between the states, when
he was appointed a commissioner to
the State of Mississippi. In the spring
of 1861, in connection with Gen. Gar
rott, of Perry. and others, he raised
the 20th regiment of Alabama infan
try, of which he was first major, and
soon after lieutenant colonel. He
first saw active service in the Ken
tucky campaign, and was mn command
of the van of Gen. E. K. Smith 's
army when it drove the enemy into
Covington and Cincinnati. During the
winter the 20th was sent to Mississip
pi and he, participated in the battle of
Port Gibson and Baker's Creek. In
the former lie was captured, but made
his escape.
While the siege of Vicksburg was
progressing he became colonel by the
promotion of Gen. Garrott.
Captured when Vicksburg fell, lie
was soon exchanged, and made a bri
gadier general. The '20th, 23d. 30th.
31st. and .46th Alabama regiments
were placed under him. At Missionary
Ridge he was on the right under
Hardee. He was also a participant,
and a conspicuous one, in nearly all
of the battles from Dalton to Atlanta
and Jonesboro. Accompanying Hood
into Tennessee, his brigade forced the
passage of Duck River in squads,
in the face of the enemy's rifle pits
and carried. their entrenehments at
the point off the bayonet. On the re
treat from Nashville. lie covered1 the
rear. Transported to North Carolinma.
in the latter battle. At the surrend
er, he returned to his private pursuits
in Selma. Gen. Pettus married a
laughter of the Hon. Samuel Chap
man, of Sumter. His elder brother,
.fohn J. P)ettus. was -ov ernor of Mis
sisppi.
In November. 1896. Gen. Pettus
was elected to the United States Sen
ate, taking his seat in that body
March 4, 1897. Prior to that time he
was not a candidate for political of
fice. He was unanimously re-elected
to the senate in 1903.
GOLD BRICK WAS WORTHLESS.
Indian Territory Man Pays $10,000
for an Imitation.
S0ift: .McAleeter, I. '*.. Jnly 27.
J. J. MvAlester, president of the
American National Bank. today paid
$10,000 en%h for a worthless "gold"
brick offered L- a man representing
himself to be a miner. The brick,
when offered for sale, was taken to
Musgokee. appraised at the govern
ment offie and found to contain 80
per cent pure gold. When the deal
was cOmpleted. the McAlester banker
got a wor.thless imitation of the brick
the appraiser had examined. The
swindle was discovered a few hours
after the transaction.
BREMEN HONORS LATIMER.
Great Banquet Given in His Honor
by tpe -
Bremen, July 2.-The .enate' to
night gave a great banqiet in the
Town Hall in honor of A. C. Latimer,
United States Senator, of South Car
olina,- and the ether memhers of the
immigration commission, at which the
leading officials, business men and
members of society were p':es.
- A Cabby Stung.
Foreigners often fall a prey to the
unserupulous wiles of the British
cabby, who basely takes advantage of
the stranger's want of familiarity
with English -idiom, coinage and lo
cality. We have-heard of the intelli
gent foreigner being driven about
six statute miles in a journey from
London Bridge to Charinz Cross.
That cabby got the hes' oF the trans
action, but a recent attempt to im
pse upoX foreign credulity was
frustrated eleverly by a son of Gaul,
whose taste for joking led him to try
to bamboozle a cabby into atteimpting
it with him. He dem'anded in sex
eedingly broken E~nglish to be dri
ven to a certain place, the fare to
which was exactly one shilling. It
may be remarked that he really
could speak English as well as he
could his mother tonene. On arriv
ing at his destination he asked, still
in a struggling fashion:
''Ow mooch 'ave I to pay?''
''Five shillings.'' promptly re
spond the cabby.
''And 'ow mooch is five shill
ings?'' queried the traveler, taking
out three half crowns and laying
them aeross his palm.
''Them three's ri'zht.'' said cabby,
pointing to the e:ine.
''Oh!'' said the Frenchman. Then,
dropping his 'assumed imperfect ac
quaintance with the vernacular.
''Well, here's a bob for you,'' he
said. and departed. leaving' his erst
while jehu standing with a perplexed
expression on his face, which took
sme time to disappear.-Tit--Bits.
A Factory Romance.
So brief is the opportunity for per
sonali life with working-people that
periu'ps in the little time when they
enter into self-cnsciousness they live
all the more ardently and vitally.
There is a peculiar intimation of this
in Mfaude .Radford 's inmensely hu
man and compelling stories of fac
tory life. ''An Idyl of the Yards'' in
the August McClure's, tells the story
ofa factory girl of the modern type
vigorous, self-reliant, sophisticated
-who suddenly meets and grapples
with a moral dilemma of which all
her worldly-wise experience has
taught her nothing. One loses sight
of economic laws and theories in
reding this tale, so absorbing is the
it erest of the human problem: but
by implicationl they are still there.
hi 1. I- im ~, rn i criminal tale
SENATOR BLEM SE TALKS.
Of the Liquor Question and Prohibi
tion and Dispensary.
The Augusta Chronicle of Saturday
contained an interview with Senator
Cole L. Blease on the situation in
Newberry on the liquor question and
incidentally on the question as it will
probably be presented at the next ses
sion of the legislature.
The following is the interview:
"'Senator what do you think of the
failure of the petitioners to have at
election on the disepnsary question in
Newberry, due to an insufficient num
her of names to the petitions?"
"Well, sir, while the local optior
bill was being considered in the sen
ate, an amendment was put in allow
ing several counties, Newberry in.
eluded, to have an election on the
question of dispensary or no dispen
sary this year, provided the prope
petitions were filed. The amendmen
was offered not to earse an electioi
to be ordered but simply to give the
peorple of the county the opportunit
to have such an election provided the3
wished it, and it seems that they diJ
not desire to agitate the matter a
this time.
"Personally, I had no interest ir
the matter, and did not sign the peti
tion.
"I presume that the fight that I
made in the senate against the coun
ty dispensary system is well remem
bered, and I am still of the same opin
ion as follows: Because ' do not be
lieve that the people of South Caro
lina are in favor of such a system a
the bill will give them; and becauss
I believe that the systein provided fo
in the bill will prove a curse to th(
state..
"The people are showing that the:
are not in favor of such a system, an,
the system itself is proving to be i
curse, as the troubles in many coun
ties of the state already show, an'
the further it goes the worsh it wil
be, fake and farce, as I said to yoi
in an interview of May 12, I am op
posed to it, and will ever be.
"I believe, however, that if th
people of this county had the oppor
tunity they would vote to re-estab
lish the state dispensary as we had i
before, but they are with me ani
against this rotten sytsem whic'
some counties now have.''
"Do you think that the liquo
question for South Carolina will b
ne of the main questions(for disens
sion and settlement at thre next se~
sion of the legisl.ature, and if s<
what if any,' changes do you expect?
was then asked Mr. Blease.
"I look for a straight fight in th
next legislature for state prohibitior
and,'' continued the speaker, "I es
pet the most interesting fight the
has taken place inr the South Carolin
legislature since the session of 1895
when we first established the stat
-ispensary system. If the state dih
pensary people cannot re-establis
that system, they will hold the bal
ane of power between prohibitio
and the county dispensary systerr
Then the question will be, what wi
the faithful do? Upon the answer t
mn South Carolina's pos
tion on the liquor question depend
"Senator. I notice that in a news
paer interview recently Senator Til
man is quoted as saying if Georgi
zoes nrohibition, South Carolina wi
follow in her wake. What effect. i
any, in your opinion, will this actio
of Georgia have upon this state?'
was asked.
"I think regardless of what Geor
'ia does. the situation in South Carc
lina will be just as I have given it t
vou.'
The Knuckle-Pusher.
"The Knuckle-Pusher'' was th
titlg opportunely bestowed by
cavalry troop on a fighting Irishmar
In a story full of the gallant humo
and hardy spirit of the camp. Wi
Adams. in the August McClure '
tells how the captain of a troop sas
ed his men on a singularly uniqu
occasion. and incidentally proved hi
title to the lig'ht-weight champion
ship of the West. This is one of th
best stories of a fight ever writter
and is told with the peculiar enlat o
-o o.Tal in love with his suTc
GONE TO WASHINGTON.
Committee from Olemson College to
Lay Situation Before War De
partment.
A special to the News and Courier
from Columbia says:
"The committee from the Clemson
College trustees, which was appoint.
ed to consult with the war department
with regard to the selection of a
commandant for the college will leave
Monday for Washington. This com
mittee consists of Mr. Alan John
stone, of Newberry;'Mr. G. D. Bel.
linger, of Columbia; Mr. W. D. Evans,
of Marlboro, and Dr. P. H. Mell,
president of the college. It is under
stood that the committee will lay the
whole matter before the war depart
ment, and while none of the trustees
has had anything to say for publica
tion in regard to the. retirement of
Capt. Clay, it is known that they feel
confident that the war deparment will
not be justified in refusing to continue
the military feature, at Clemson. The
committee will probably be in posi
tion to make a report at the meeting
of the trustees, which will be held in
August, and much that is not yet
brought to light will probably be de
veloped at that time."
L The report of the inspecting officer,
Capt. Penn, which inspection was
made in April and whose report has
r just been published says that every
. thing is in fine condition at Clemson.
The trouble of which Capt. Clay com
. plains it seems took place in June
after the inspection by Capt. Penn.
. Clemson is a great institution and
every one wants to see it sueeeed, and
continue to do the work which is
rh fi for it to do.
Their Ancestry.
Mrs. Donald McLean, president of
I the Daughters of the American Revo
L lUtion, said of ancestry at a dinner in
- New York:.
[ "I think we would all, if we had
I our choice, prefer to be well born.
I Good children are more apt to come
- from good than from bad parents.
Then, besides, good birth is a reeom
mendation. In every thing we oonsid
- er the source.
"It is like the story qf the school
teacher.
I "There was a teacher, teaching in
i a very poor neighborhood, who receiv
ed daily gifts of flowers from one of
r her pupils, a ragged little 'boy.
e"'The flowers were of all sort,
- sometimes costly hothouse blooms,
.sometimes simple, old-fashioned gar
. den flowers. As a rule they were
'somewhat faded.
"One day. the boy brought the
teaeher a great bouquet of mauve or
1chids. To be sure 'they were much
wilted, but none the less it could be
gseen that they had once cost a great
adeal of money. The puzzled teacher,
~as she took them, said:
e" 'Jimmy, where do you get all
.these flowers that you give me? You
1 don't steal them, I hope.'
"'Oh, no, ma 'am.' the youngster
Sanswered, father's an ash man.
Philadelphi' Record.
A Christmnas Story in August.
A great English highway mufflel
under a blur of December sleet-a
solitary traveler slightly touched with
the spirit of knight-errantry-an over
Sturned coach, and a distressed lady,
decked. like the heroine of the Irish
talc. "with gold and silver and pre
e ious minerals'-and one enters, at
the very outset of Mary Watts' bril
liant extravaganza, "'The great North
Road.'' in the August McClure's, up
on a series of gallant encounters and
Sodd imbrolios which up to the very
denouement seems to defy untangle
ment. So robust and vivid is the
atniosphere of this tale that it pro
duces an incontrovertible illusion of
T ule logs, mistletoe, and Christmas
cheer, though read on a summer
r beach and under an August sun.
i] Nothing so successful in the way of
.remantie writing has been done in
. years.
S Coc-ktail thirsters' in a diy country
- are for Fairbanks.-News and Cour
a ler.
fTractable husbands of Daughters
- of the Revolution are for Fairbanks.