Historical Newspapers of South Carolina

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TWO JUDGE PRII(HARD SENDS CASE BkGK T IMPORTANT DECISION IN S. C. n DAMAGE SUIT. ti Decision is in Line With Recent De- n( cision of Judge Ernest Gary of R State Circuit Court. 1 -- .:'.eville, N. C., Aug. 29.-Judge sE j. C. Pritchard, in the United States court, rendered a decision today in h, the case of Charles J. Morrow versus di Charlotte Air Line Railway company, d remanding the case back to the South al Carolina. State court. : Morrow sued the railway for $10,- s( 000 on account of personal damages tE sustained by him. the suit being en- ol tered in the State court of South Car- gz olina. The railway company peti- 1,ft tioned that the case be moved to the c( United States circuit court on the h ground of deversity of citizenship, tle railway company alleging that it Vas a citizen of North Carolina, while tl the plaiatiff was a citizen of South Carolina. Judge 'nritchard af ter hearing the argument remanded T the case back to the South Carolina ti state court from whence it was re moved on the ground that the railway company was a domestic corporation. C. P. Sanders of Spartanburg ap peared for the'railway and Stanyarne A Wilson, also of Spartanburg, repre sented the plaintiff Morrow. JUDE GARY'S DEVISION. - , Synopsis of His Decree in the Atlan- t] tic Coast Line Case. el On August 1 Judge Ernest Gary of a the South Carolina cricuit court ren- 0 dered an -opinion in the ease of W. G. a Geraty vs. the Atlantic Coast Line a Railroad company. in which he held a that the defendant company was, in a every sense of the word, a domestic It corporation and must accept sum mons in the court of this state. This a opinion at the time attracted wide at tention. Judge Gary's ruling was. of more than ordinary interest, for it a was in direct opposition to an opin * ion handed down in the federal court si of Judge J. C. Pritchard in a similar a case, and for that reason alone the e opinion was eagerly read by mem- g - bers of the bar throughout the state. 3 This was a case for damages against a the Atlantic Coast Line for a sum ex- h ceeding $2,000. Relying upon the de- e eision of Judge Pritchard in the case1 of Lee vs. the Atlantic Coast Line 1 .Railroad company, in which it was held that the defendant corporation 0 was not to be considered a domestice corporation of the State of South ~ carolina, but a Virginia corporation,] and properly within the jurisdiction t of the United States courts in such t cases -alleging damages, the defend- E ant company made a motion before a Judge Gary, which was argued before i him at chambers in .Columbia, to set 3 aside the service of summons on the i ground that the defendant was not a t corporation organized unier the laws 'e of the State of South Carolina, as al- I * leged in the complaint. I Judge Gary dimissed the motion, ~ holding that this railroad company is ' a South Carolina corporation. If it C is not a domestic corporation, then, he holds, "the ,operation of its rail- ~ .roads in this state is unlawful." Judge Gary's decision was that the .Atlantie Coast Line company was E t formed by a merger subsequent to the enactment of the constitution of 1893. Therefore the Coast Line is operating in this state under a charter given by the state. And if it is not, then it is a trespasser and has no right within the state, under Judge Gary's ruling. He declares a "domesticated corpor ation'' to be- a foreign corporation which has become as practically the same thing as a domestic corporation and insists that the laws of the state apply to one just as to the other. f The Critic Scored.1 Arthur W. Pinero is the authority I for the following story about -the 3late Jos. Knight: r At a supper party at the GarrickI * club some years ag*o theatrical man ager wound up a humorous speech by4 declaring his conviction that it would be to the advatnge of the drama if a muster were made of all the theatri cal critics and thiey were shot off hand. Mr. Knight, called upon to re-; ply to this playful stricture, rose, and in his richest tones spoke as follows: "Gentlemen, I have not the faint est objeetion, understand me, to the' course proposed by Mr. X., provided that, in mercy, we are shot before* being notified to witness such enter: tainments as our dear friend has re centoucned atdhi theater." SO DISASTERS COME NOT SINGLY." ae State. Union,. Aug. 29.-That trouble wer comes singly is illustrated in e sad and distressing case of Silas orthy, a colored man who lives ar the Bethel A. M. E. church, near ice's mill. Since the first day of ay, Silas has had illness in his fam F, as many as four being ill at the .me time. On Monday his son-in-law came me with a broken leg. Early Tues ty morning one of his daughters .ed of tuberculosis. -That afternoon 2 o'clock, when the coffin for the ughter was being brought in, a cond daughter died. Late that af rnoon, when the coffin for the see id daughter was brought in, a wa- Th >n arrived from the home of Silas' ther-in-law in the country for a >ffin for him, he having died a few urs. previous. The funeral of both daughters was On ld on Wednesday at 1 o'clock and the ie father-in-law's at 3 o'clock. 9U0 Silas is a quiet; industrious man I id works at the Union cotton mill. yOL he unusual series of bereavements at he has had has excited general mpathy. MR. LONG IS RUNNING. nnounces Himself as a Candidate F for Solicitor. The only man from Anderson )unty who so far has announced .mself as a candidate is Mr. M. 0. Link my experience in the court room trd in the Daily Mail. of I realize this is a little premature, If ad I am sorit my opponents have us ?ened up the campaign so early, but th' they and their friends are writing [ over the country, I am forced to pprise my friends of the fact, that I n going to be in the race for sohci >r next year to succeed Mr. Boggs, -ho will not stand for re-election. I rn kept very busy day and night with iv oficial duties and I haven't the me to write letiers, or to go around d meet with the people. In making t-he race, I am to run T lely on my own merit, free from any lib~ nd all politieal pulls, schemes or full ombinations.' Plain simple duty -1s cou :ing to be my platform. I believe in. Ne: ety enforcing all laws upon :he atute books and I do not believe in aving one law for the rich, or influ tial man and another law for the * oor, or ignora'nt man, but I believe * all sharing alike when they come ato -court, and each and every one etting justice and the law vindicat d. no matter what his station in life S 1av be.4 I have been court stenographer of his circuit ~for several years, and I bink my evperienee in' the court room as been worth more than that of the vera'e practitioner, for I have been* a court from 250 to 275 days each * ear, taking down the court proceed-* ags in shorthand, and then having to ypewrite mest all of the important* ases after leaving the court, there y becoming familiar with every phase of the law. I have assisted 0 ~olicitor Boggs in preparing most all * the indictments since I have been n this circuit and I am thoroughly .equainted with the duties of the so citor 's office, and if I am elected, it 0 ill not be anything new to me, for * have been drilled into it. If I am leeted I will guarantee the people. hat there will not be any congested [ckets on the criminal side of the 0 'Before my appoii amnent as stenog apher of this circuit, I served three 4 ears as law clerk and amahuensis ith Hunt, Hunt & Hunter, of New erry. S. C., and at the same time* ead law under thema, which position* held when I received the appoint ient to my present position.. M. C. Long. 4 The secret of the glow-worm and4 Lre-fly is vet unsolved by science. 'heir light is entirely unaccompanied yv heat. You will save money and get a better roof by using PAROID. 4 Slate colored-contains no t___ e as ily laid-a roofing kit free. Spark, water, gas, heat and cold p roof. LIasts long and looks well. Don't take an imitation. Send for a free sample and book of build- '* in plans for a 2 cent stamp. Investigate. R EE gn~? ~LET Ij WhileY WIT OU~SE JOLD Most Useful Invention Marvelous Stat ore wheels are ruined by c ly 20 to 30 minutes require refore you can afford to w trantee will be done in the ny Zemember that we do all kin i that you will find our charg 'ianos AND Organs At Factory Prices. rite us at once for our special plan payments on a Piano or Organ you buy either instrument through you get a standard make, one ,t will last a life-time. Write Malone Music House COLUMBIA, S. C., For Catalogues, Terms, Etc. POINTS OF EXCELLENC rough instruction. University ary, 1Ucellent laboratories. iess. Honor system, Full litt rses. Degrees of A. B. and B. Kt session opens September 18Sti LEE DAVIS I Newberry, S. C Dear Friend: All flour is r wheat, but some than others; th flour is better kinds. When you get it raises nice] br ead. I love have good breac We make it out o Your P. S. The bei is in this toWr flour. It cost and we get it f JONES Fan !UUH lIREH ou Wait ITHE TIRE SETTER of the Age Brougbt to a e of Perfection. ver -dishing than anything else. d to set all four of your tires, ait for your work, which we iost perfect manner. ds of re air work and we assure es very reascnable. H. F. ADDY & CO., Newberry, S. C. NE ORES, &RMEUMA amestown Exposition, Norfolk Va. For the above occasion the-Char leston and Western Carolina railway will sell cheap round trip tickets. For rates, etc., see ticket agent or write Ernest Williams, G. P. A., Augusta, Ga. E:-Hiigh Standard. Able faculty, nethods. Fine equipment. Splendid eautiful site. Unsurpassed health rary, scientific, musical and artistic MVL Winnie Davis School of Hi: tory. ,1907. Send for catalogue. ODGE, A. M., Ph. D. President. 4Q 000 ralgof lour Jacob> tadelourthr f wha is Etter y0c an mak goo god bread. We A PRIZE F A prize is given to each ar itor that leaves their money three months or longer-a : four per cent. interest; and it larges: premium in the lot by than the other fellow. FOUR PER CENT. ON % The Bank of Prosperit3 Dr. Geo. Y. Hunter, Pres't. I J. F. Browne, Cashier. The People's ? Prosperit Paid Up Gapital - - Surplus and Individual F Stockholders' Liabilities For protection of deposi H..C. MoSELEY, President. M W. W. WHEELER, Cashier. G Better a conservative Interes return when wanted, than"a high about the principal. A National Bank is a safe Dep< makes It so. Likewise our Boar of prudent conservative managen DIRECT G. W. Bowers. J. A. C. Kibler. R. L. Luther. M. A. Carlisle. J. H. Hunter. J. P. B We allow 4 per cent. per Department, interest pi Littleton Fen Splendid location. Health resort. H< ship, culture and social life24onsrdingoru in Arteand Elouton.t sBusiness Collee, B deAelopment of each puLUniform worn CHARGES VERY LOW. . 26th Annual Session will begiti on Sepi REV. J. LAD Are always welcome at tend a special invitati< Savings or CJhecking act the counsel,of the office beneeded it. will be gi room, table and wind< for the hundreds of ladi may . hereafter favor u business. The Place Yon TEEXCHI YOUR B2 THE NEWBERRY Capital $50,000 - - No Matter How Small, The Newberry will give it careful att4 applies to the men and I JAS. McINTOSH, President. OR YOU. d every Savings Depos on deposit with us for rize is in the shape of 's up to you to get the depositing more savings ;AVINGS DEPOSITS. Prosp?ritu, r, . C. )r. J. S. Wheeler, V. Pres. J. A. Counts, Asst. Cashr. ltional Bank y, S. C. - - .$25,000 00 )rof its $6,000 00 $25,000 00 tors. . A. CARLISLE, Vice-Presideht EO. JOHNSToNE, Attorney. t on your deposit with its safe rate and a feeling of doubt )st. Government supervision -d of Directors Is a guarantee ient. 'ORS: W. P. Pugh. Jno. B. F ellers. W. A. Moseley. Geo. Johnstone. H. C. Moseley. owers. annum ini our Savings yable semi-annually. tale .College >t water heat. Electric lights and other ils last year. 'High standard of scholar advantages in Music. Advance course ~ro ttento to the health and social on all public occasions .ember 18th 1907. For catalogue address M. RHODES, President, i4ttleton,? N~ C. 'IES our Bank, and we e,Xr an to them to open .a :ount, If at any time rs of the Bank shoukd en freely. A spesiaI >w has been 'provided es who now, and who s with their barnking Are Welcome.. NGE BANK( iNKING! SAVINGS BANK. - Surplus $30,000. No Matter How Large, Savings Bank ntion. This message :he women alike. J. E. NORWOOD, Cashier.