Historical Newspapers of South Carolina

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[JUDGE GARY ON Pi, STATE RIGHTS ^/^frjCIDES FOREIGN CORPORA ^ TION IS CHARTERED. *418 Opinion is in Direct Gonflicl A With a Recent One From Judge Pritchard. ^jjplumbia, August 1.?Judge Ernes w|f tlie circuit court, today ren | ^a^Jnost important decision, in WftPg the right of nil Inter-Stat< n .uh'ond to have damage suits nm ? other cases transferred from the stat< B to the federal courts on the grounc B. that they are foreign corporations R The case is that of W. C. Gerat.v, oi r; Charleston, against tho Coast Lim [ ' for damages for over $2,000 and tin E' judge finds that under the constitu tion of this state all roads have to b< chartered under the laws of this state and that the Coast Line is estoppec from contending that it is a foreisri corporation, because if it establishes this contention it is being1 operated ii South Carolina unlawfully. In a similar case in North Carolim recently Judge Pritchard decided th< other way so far as North Carolim was concerned in the case of tin Coast Line. The decision is on a question lonj disputed in this state, and is of th< highest importance. The decision fol lows: The State of South Carolina, Conn ty of Charleston, Common Pleas. W C. Geratv, plaintiff, against Atlanth Coast Line Railroad Company, de fendant. The defendant made a mo tion before me to set aside the ser vice of the summons herein, on tin ground that the defendant is no a corporation, organized under tin ^ laws of the State of South Carolina as alleged in the complaint. The view which I take of the ques ^ tion involved, renders unnecessary the consideration of the numeroui phases of the law, discussed by coun sel. A rt ifln <1 ftnntirni G ^ ^ *? ./. K^vviwii \j V/1. nil: UUIIMl tution of South Carolina, is as fol lows: "The General Assembly shal not grant to any foreign eorporatioi or association, a license t<? build operate or lease any railroad in thi: state; but in all cases where a rail road is to be built or operated, o' is now being operated in this slate v and the same shall be partly in thi state and partly in another state, o in other states the owners or projee tors thereof shall first become incor porated under the laws of this slate nor shall any foreign corporation o association, lease or operate any rail road in this state, or purchase th same or any interest therein. Consoli dation of any railroad lines and cor porations in this state with others shall be allowed only where the con solidated company shall become a do ^ mestic corporation of this state. N< general or special law shall ever b> passed for the benefit (if any foreigi corporation, operating a railroad un L der an existing license of this state, o under any exisiting lease, and m grant of any right or privilege, am no exemption from any burden shal be made to any such foreign corpora tion, except upon the condition tha (1?r? mi'iiftve nv eJlw?l/l shall first, organize a corporation ii this state under the laws thereof, an< shall thereafter operate and manag the same and the business thereof.' The Atlantic Const Line Railroai company (which was incorporated un 1 dor the laws of Virginia) and th Savannah, Florida and Western T?ail way Company enVvod into articles o a;_rt'een^nt fur the consolidation am merger f the said companies; am thes aid articles of agreement wer confirmed by the stockholders o each of said companies, at separat meetings held, in pursuance of la\ and after due notice. The stockholders of each of sail companies, at their respective meet h ings, adopted a resolution "that th State of South Carolina he requeste to issue to Henry Walters, Warren fl '4 Klliolt, James J. Lucas and Christoph cr S. Gadsden and such other person as may be, or hereafter may bccomc associated with them as the owner and stockholders of the merged, unit ed and consolidated company am their successors, a charter as a mere; ed, united and consolidated body poli tic and corporate, in perpetuity, un der the name of the Atlantic Coas Line Railroad Company, having, pos sessing, holding and enjoying, cneli j every and nil of (lie rights, powers jj| privileges, immunities and franchise of every naluro whatsoever, set fort! in such articles of agreement and eon solidntion, and each and every nn< nil of the rights, powers, privileges immunities and franchises of ever; 8\ialure whatsoever granted to, hold A ? possessed or enjoyed by each of th M constituent corporations merging fgH uniting and consolidating into th ?^\llnntic Coast T?jne Railroad Com IwBpany not in conflict with the term ami provisions of said articles of agreement ami consolidation. | These facts are set forth in the certificates of the secretaries of said companies, filed with the Secretary ' of State, when application was made for a charter embodying the foregoing provisions, which was duly issued t by the Secretary of State on the 13th of May, 1902. Chapter XI./IV of the Code of Laws sets forth the conditions upon which ^ foreign corporations are permitted to do business in this slate. ^ Section, 1,703, of said chapter, pro| vides that 11 when a forr-'gn corporation compiles v.ith the provisions and j re<|uiioinent$ of this cl apler it shall ipso facto become a domestic corpora? tion and shall enjoy the rights and be subject to the liabilities of such * domestic corporations; it may sue and be sued in the courts of this state and shall be subject to the jurisdiction of this state as fully as if it were origij nally created under the laws of the State of South Carolina." 1 . Section 074 makes it unlawful for 1 iui|f i.vi vi^ii iam|h;uuiuii iu uu Ulir?iness or attempt to do business in this j state without first having complied , with the requirements of said chapter, t and provides a punishment for viola> tion of said provisions. It is not denied that the defendant r is operating its road in this state. J In 13 Enc of Law, 895, it is said: - "When a foreign corporation avails itself of the privileges of doing busi ness in a state whose laws authorize . it- to be sued there, by service of pro2 cess on an agent, its assent to such - service will be implied. It waives . the right to object to the mode of ser. vice of process, which the state law 2 authorizes. The fact that it has not 1 it to appoint and designate an agent 2 for service of process is wholly imma, terial. It is stopped by its actions from denying that it lias complied _ with this requirement." The defendant is, therefore, estop3 ped from contending that it is not a - domestic corporation, for if it is not then the operation of its railroad in _ this state is unlawful. Public policy demands that the dc1 fend ant, under the circumstances, lil...... . .. i ? i i slumiit in* rcgarooo as a domestic cor, poration. s KYom (ho fact thai it is doing' btisi 11 oss iii this state the presumption i* arises that it has complied with the > conditions upon which it was lawful s for it to operate its railroad. !' I Elliott on Evidence, Section 106; - 22 Knc of Law, 1,280. The motion is, therefore, refused. ) Ernest Clary, Circuit Judge. l' 1st of August, 1007. e KERSHAW ELECTION ILLEGAL. - State Board of Convassers Decides ') The Recent Dispensary Election was Illegal. D News and Courier. G Columbia, August 1.?'The state 1 hoard of canvassers today unanimous" Iv decided that the dispensary elecr lion recently decided by the Kershaw 0 county board of canvassers to have ^ gone for prohibition by a majority of 1 flj n- !1 c i 11 (tirn 1 All nnrtninif aT Imtnivn 41 % V.\/UII v W I. Ill II larities, wliicli moans that, tlie dis^ ponsaries in Kershaw arc to remain f open until the supremo court decides 11 otherwise. The prohibitionists cave ' notice of appeal to the supreme court ^ throng); certiorari proceedings, and the papers have all been prepared, Attorney (Seneral Lyon having heen - given notice before hand. o Following is the report of the state - hoard in deciding against the county f hoard: rtj "We, the slate hoard of canvasrt I sers, find the facts in this case to he c|as follows: fJ ''Upon the question of sale or no Gj sale of liquor two hallot boxes were v provided and used at each voting place in the county. Upon one of [1 the hallot boxes were the words, 'For - Sale,' and upon the other box the e words, 'Against Sale.' Persons favil (>ring the sale of inloxicatns were rer. quired to cast their ballots in the i- box labelled 'Against Sale.' A sims ilar arrangement of boxes and re>, quiromcnl as to casting ballots were s provided for voting upon the (piestion - of manufacture or no manufacture, rl one box being labelled 'For Manufacture' and the other box, 'Against i- Manufacture.' Upon the question - oi application 01 proms i.wo no\*es I were provided; upon one was the words, 'For School Fund,' and upon i > the oilier I he words, 'For Roads and >, Bridges,' life vol or being1 required to s c;isl his vole in the box bearing the label corresponding with his wishes - or vole. The clerk of court of Ker(1 sliaw conn I y issued certain eerlificat>1 cs, of which I he following is a copy: v "Clerk's Certificate of Registral? lion. e "T, 1. P. TTough. clerk of court for f, Kershaw counlv, do hereby certify e lhal I ho name of AV. T?. TTough ap pears upon I he book in my office as s No. 10, duly registered, in Buffalo Township, prior to January 1, 1898, under Article 2, Section 4, Subdivision C, of the State Constitution. "Camden, S. C., this 20th day of May, A. I). 1*)07. "1. C. Hough, "Clerk Court, Kershaw County. "It was shown that in eight boxes 144 persons were allowed to vote upon such certificates in this election and without registration certificates provided by law. That the majority of votes cast upon the question of sale or no sale were against sale, and were 84 in number. That the majority of votes cast upon the question of manufacture or no manufacture were for no manufacture, and were 81 in number. The arrangement of the boxes and the use of the certificates of the clerk of court above referred to were pursuant to general instructions, issued to managers of election at each precinct by the commissioners of election, a copy of the instructions being hereto attached and made a part of the findings of fact by this board. Each voter was allowed to vote upon the question of sale or no sale and the application of profits ms nroviilpil (7*v 5" RnnlSnne 2 and 3 of the dispensary law, and also upon the question of manufacture or no manufacture as provided for in Section 37 of the dispensary law. upon taking the required oath only one time, and as for one election. and only one set of managers served at each precinct. That only one petition was filed, in which an election upon the two questions of sale or no sale and manufacture or no manufacture were prayed for. " Upon the facts ahovc set forth the state board of canvassers find that, the said election was illegal, in that Section 3 of the dispensary law, I regulating" the number of ballot boxI es. was not observed and that the j secrecy of the ballot was thereby dej stroved. Also that it was contrary to law to allow persons to vote on the certificates of the cleric of court, I and without registration certificates. i as provided i>y law. It is not Meem| o,l necessary to consider the oilier j findings of facl in this case. "It is ordered that, the said elecI tion he. and is hereby, declared null and void and set aside." ALICE CLIMBED A TREE. | The President's Daughter Lives Up to the Reputation of Her Father. I Minneapolis Journal. It is whispered, and only whispered, ill at Mrs. Nicholas oTjiigworlh, the former Alice Roosevelt actually climbed a tree out in Yellowstone Park and according to the story which has reached Minneapolis, it was no small tree, and Mrs. Longworth went way to the top. What is more, the storv savs. she did it iust to show ihat she was her father's daughter and to "stump" her husband. The Long-worths passed through Minneapolis recently on a I rip to Yellowstone Park. "What the trip through the park lacked in formality and ceremony it made up in jollity and good fellowship, according" to Charles Phelps, a New York man, who was at the West Hotel today. According to the story, some one in the party remarked that Mrs. Longworth was certainly able to live up to the reputation of her father so far as being an expert at "roughing il " was concerned, and somebody else expressed a doubt thai Congressman I Longwo'rth could keep up with his wife if she got started on some re.al Western stunts. That Statesman, who had been doing his best to show that his heart was still light, remarked that while his wife might have done some things in the way of roping steers and strangling catamounts with her bare hands before her marriage, which he doubted his ability to equal, no uionu'in niai un.ter present eonditions ho would refuse lo admit any superiority in sueh tinners on (ho part of his hoi tor half. Without a Mrs. Lonif worth? according to the stary, remember? .jumped from the oarriauo, which was moving alone at a lively rate, grasped at the low branch of a tree, and l?efore the startled party had time to uas)>. was scrambling up the trunk, "shinning1" and pull in.? herself up hand over hand. "It's up to you 'Nick' " eried tlie breathless, hut smillin<r and triumphant, daughter of tlie. President. "Nick," according to the story, bought cigars. Heeding the Warning. From the Springfield Republican. Following his famous address to I tlie effeet tliat if the states did not j (lo their duties in the eon I nil of eorporations the general government, would have t<> do it |V?v then;, Secretary Hoot should now speak on the - . \ . . ... subject of what happens to states j which have tried to follow this ad-1 ministration warning. Government by injunction was bad- < lv damaged in the North Carolina . collision. < Neighbors Got Fooled. "I was literally coughing myself to death, and had become too weak to leave ( my bed; and neighbors predicted that I would never leave it alive; but they got | * fooled, for tlmnks be to God, I was in- | | duced to try l)r King's New Discovery. . It took just four one dollar bottles to , < completely cure the cough and restore ! < me to good sound health," writes Mrs. L lCva Vncapher, of CJrovertown, Stark Co., ' Ind. This King of cough and cold cures, j i and healer of throat and lungs, is guaran- ; teed by Win. K. Pelhani & Son, Drug-J ( gists, 50c and ?1.00. Trial bottle free. | i Those Hoods in the West arc offering candidate Fairbanks fresh opportunities. ( |? Rising From the Grave. j ^ A 'prominent manufacturer, Win. A j Fertwell, of Lncaina, N. C , relates ar most remarkable experience. He says. < "After taking less than three bottles of Klectrie Bitters, I feel like one rising j from the grave. My trouble is Briglit's disease in the Diabetes stage. I fully , believe Klectric Bitters will cure me permanently, for it has already stopped [ | the liver and bladder complications which have troubled me for years." Guaran- . teed by Win. I\. Pelham & Son, drug- ' gists. Price only 50c. < ( If they want to bury the deposed'< Kmperor I'm- <rood, they jnigh make i him vice president of Korea. Hunting for Trouble. "I've lived in California 20 years, and am still hunting for trouble in the way , | of burns, sores, wounds, boils, cuts, sprains, or a case of piles that Bucklen's J' Arnica Salve won't quickly cure." writes j | Charles Walters, of Alleghany, Sierra Co. ! No use hunting Mr. Walters, it cures or J' money refunded at Wm. I\. Pelham & j Son's drug store. 25c. li Maxim (iorky says the Americans are a "silent, gloomy people." Evidently none of them tohl Max just I what they thought of him. i A Valuable Lesson. "Six years ago 1 learned a valuable lesson," writes John Pleasant, of Mag- ' nolia, I ml. "I then began taking Dr. King's New Life Pills, ami the longer I j take them the better I find them " They ,1 please everybody. Guaranteed at Win. K. Pelhatu it Sou, druggists 25c. J* ft IT '^? women for collecting & KfaU names and selling our novel! I 8 !?tW ties, we give Big Premiums. Send your name to-day for our ne*v plan of Big Profits with little work. Write to-day. Address C. T. MOSELEY Premiuin department, 32 K. 23*1 Street, New York City. THE VICTOR. The popularity awl reputation that the Victor enjoys is due to its solid-as-a-roclv construction. The use of the highest grade of material and skill, nierhnnicnl ;nw1 nm sical, that the world affords, makes it what it is. For the Cottage. For the Mansion. | The prices of the Victor range | from $10.00 to $100.00, payable in easy monthly installments if desired. MKARTHR VICTOR AT SALTER'S Art and Variety Store, Main Street, Newberry, ?S. C. New Market, 1 have opened a first class Meal Market on Friend street, j nexl door to the Observer office, . and am prepared to furnish choice meats of all kinds. All orders entrusted to me will receive my personal attention. Come to see mv market. It is the cleanest and most up-1 to-date market in Newberry. J. A. WRIGHT, Friend Street. Phone 232. Barbecue. I will furnish a firs I class barbecue a! J no. I'. Wicker's August 22, (o be I?roji? <! by >1. A. Gra'nam and II. M. I Wicker. Everybody come and enjoy < a non.l dinner. j W. L. Graham. { EGG-O-SEE?Fresh package. X RICE?15, 18 and 201 KARO SYRUP?10, ; ? HOUSEHOLD AMIV ties for 25c. PARCHED COFFEE 0 Parched Coffee is plete in town, and ^ from 15 to 35c. per 9 TEA?Gunpowder, ? Oolong and Mixed 4C Our stock of Cannei Vegetables, Canned M is the largest and moi offered here. Our pi as goods of such qua] Our stock of staple ceries is full, and we you to to call and ins Jones' Gt Fant's Grocery 9 & Barbecue at Sligh's. Mr. Jno. ('. Mills will furnish a * barbecue at Sligh's on August 17, the ./nl occasion being the meeting of the farmers' union. Prominent speakers will be present and will deliver addresses. The price of dinner will be 35 cents and -10 cents. 1*! very body is invited and a good dinner is guaranteed. CHEAP RATES W1 Via Southern Railway. Jamestown an Ter-Contennial Exposition, Norfolk, J0,7 Va. ma On account of the above occasion onj the following instructions will gov- ' crn the sale of round trip tickets to tai Norfolk, Va. from Ntwherry, S. C. set Season ticket?$19.55. Tliis ticket mi will be sold daily April 19th to and GI including November 30th, lf)07, final < "Into lo leave Norflok returning T)e- w0 eemher 151 li, 1007. mc 00 day (ick(?$10.30. This ticket be; will he sold daily April 10th to nnd including November 30th, 1007, final no date to leave Norfolk returning six- jjg tv (00) days from rwite of sale and ( not 1 atod than deeember loth, 1007. Fifteen day ticket?$14.30. This S"1 ticket iwll lie sold daily April 10th ^11 to and including November 30th, c 1007, final date to leave Norfolk re- ^ turning fifteen (15) days from date ^1( of sale. Coach Excusion ticket?$8.55. This ticket is not god in sleeping, Pull- ^0] man, or Parlor cars, and will bo sold on Tuesday '>1 each week during period of the exposition, final dale to pi*1 leave Norfolk returning ten (10) pvi days from dale of sale. chi For routes, stop-overs, etc., write rin or call on us. rjr NOTICE. ly WIIKKKAS Sarah W. Calmes, as iik (iiiardian for .lames I'*, (-alines, John \2' Wise Calmes and F. N. Calmes, minurs, has filed her Petition in this Court askilllf' to bn nltovvf'il III n?nitnn< fur hor actings and doings as (Jnar- . dian for said minors and llial she he : discharged as such riuardian. NOW TIIKKKKOKK noliee is triv- cy 017 en lo |he creditors of said minors and all oilier persons interested I lint a licariniion said petition will he had J by the undersigned on Wednesday, Au.irn>l 21 >1. 1!>07, at eleven o'clock A. M. i I''. M. Schumpert, i'> I'robatc Jnd/e for Newberry County. July If I li. 1007. . "2 1 taw-f-.'10-dys. J TilK I'.V. 0' i .1 % + and crisp 10c. * lbs. for $1.00. 25 and 50c. cans. ? IONIA?3 Bot- *y ?Our stock of ^ the most com- ^ varvinerin nrice a. pound. Young Hyson, ^ I to 80c. per lb. ^ ;1 Fruits, Canned # [eats and Pickles ^ 5t complete ever ^ rices are as low * ? lity can be sold. ^ and fancy Gro- $ cordially invite ^ ipect same. f ocery, Old Stand. ^ Co ? Tlie Secret of . BEAUTIFUL COMPLEXION Now Revealed FREE liat beauty is moro desirable tliam exquisite complexion and elegant irols. An opportunity for overv wo n to obtain both, for a limited timo ly. rhe directions and recipe for obning a fanltless complexion is the :rct long guarded by the master nds of the ORIENTALS and tEEKS. This wo obtained after years of rk and at great expense. It is the. ithod used by the fairest and most Eiutiful women of Europe. Hundreds of American women who w use it have expressed their do lit and satisfaction. This secret is easily understood and uple to follow and it will save you 3 expense of creams, cosmetics, :achcs and forever give you a beauul complexion and free your skim >m pimples, bad color, blackheads, *.. It alone is worth to you many lies the price we ask you to send, r the genuine diamond ring of lat, design. We soil you this ring as one small r>fit above manufacturing cost. The ice is less than one half what others arge. The recipe is free with every, ig. It is a genuine roso cut diamond ig of sparkling brilliancy absoluteguaranteed, very dainty, shaped e a Bolclier with Tiffany sotting of Kt. gold shell, at your local jewelor would OOHfc rmiRulrtrnWln tvinvn flton 00. Wo mail you this beautiful con?.ixion rocipo freo when your orderreceived for ring and $'2.00 in mon? ordor, stamps or hills. Get you? ler in before our supply is exhaustPhis offer is made for a limited, le only as a means of advertising (1 introducing our goods. Send today before this opportunity forgotten T. 0. MOSELEY East 23rd Street, Now York City.