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E. H. AULL. EDITOR. Entered at the Postoffice at New Aerry. S. C., as 2nd class matter. Tuesday. September 3, 1907. IS IT SBTTLED? It was not the intention of The Herald and News in referring to the election of Mr. Allan Johnstone as chairman of the Clemson board to arouse so much comment on the sub ject. We took it for granted that the presidency of the board was a position under the state of South Car olina, and inasmuch as the constitu tion is so explicit on this subject and contains a separatq article as to members of the general assembly it seemed that there was no other al ternative. We hope that we will not be mis understood. Our relations with Mr. Johnstone as a member of the legis lature have been exceedingly pleas ant, and we should regret very much for the necessity to arise of a spe cial election in this county, in addi tion to losing the services of so valu able a memebr as Mr. Johnstone. So we say we do not desire to be misun derstood, but it does seem to us that the constitution is very plain on this subject. We do not claim to be any thing but a layman, neither do we claim any considerable knowledge of constitutional law, but it seems that the constitution is very jealous of permitting members of the general assembly holding any other position or office under the state or the Unit ed States and qxcepts only two members of the militia and notaries public. The only question, since the matter has been raised, as it seems to us in this discussion is, whether or not the chairmanship -of the board of trustees of Clemson college is a posi tion under this state or under the United States and whether a life trusteeship is a position or office un der the state. We believe that the position of life -trustee is a position under this state, and 3o far as we know the question has never been passed upon by any judicial authority authorized to in terpret the question. The fact that Senator Tillman holds this position as well as that of U. S. Senator is not a precedent, because even those who claim that the life trusteeship is not a position under the state would not by the same argument endeavor to justify the election of Senator Tillman by the legislature as a mem ber of the bo,ard of. trustees of Win throp college, and yet he holds this -position also. The section of the constitution which we quoted, .how Sever, is that section which refers spe cifically to -members of the general assembly and 'not the section which inhibits the holding of two offices. It seems to us. however, to get back to Clenmson- college, that when the state of South Carolina accepted the C~lemson bequest and took charge of the -property that those who are man aging it, including the life trustees, are holding positions under, aind are acting as agents of, the state. In a recent d.eeision of the Supreme Court which has come,out in the ad vanced sheets of 77 S. C in the case of Hopkins against C~lemson college this language is used: "Action against Clemson college for damages is an action against the state.'' The Supreme Court.also says in this opin ion: "The state of South Carolina now owns Fort Hill plantation in fee, holds the legal title and is using said place. The board of trustees of the Clemson Agricultural *College is -an agent of the state and acting as an agent of the state. It is evident that all of the property held by the board of trustees is the property of the state and Clemson college is a public c orp.oration, and the tate has only made the defendant (Clemson Col lege) its agent in managing the land* and other property.'' It would seem from the language of the Supreme Court that the trustees were the agents of the state of South Carolina in the opinion of the Supreme Court, and that in managing the affairs for Clemson college they were acting as the agent of the state, and no discrim ination is made between the life mem bers and those who are not life mem bers. In 1894 the legislature passed1 an act incorporating ,Clemson college, in which act section 2 states that the board of trustees of Clemson college and their successors in office, shall have perfect control and direct the affairs of said corporation. Section 3 gives the board power to make such ruies for the maintenance of order as may be necessary. Section 4 gives thm authority tn appoint constables and to enforee their ordinances., and this act makes the life as well as the clective members of the board offi eer's Of the state. and if they not offi eers. al of th?m. f the state under the meaniin of this section of the constitution, we do not know how to interpret plain English. We are printing in this paper all that has been said in regard to this matter, and as we stated in the be ginning of this article it was not our purpose to create any discussion but we thought we were stating a plain and simple provision of the con stitution of this state. We do not care to and will not prolong the dis cussion. Neither shall we issue any quo warranto proceedings because we are glad a Newberry man is on the Clemson board as its chairman. Our cotemporary, the Observer, and Mr. Johnstone have construed the constitution and so far as we are con cerned it may stand as they inter pret it. They say that the chairman ship of the board is not a position and that life members do not hold of fice or position under the state and that. therefore. Mr. Johnstone is le gally and constitutionally filling these several positions. JUDGE GEO. JOINSTONE. Gov. Ansel, in the apopintment of Col. Geo. Johnstone to hold the courts of the 5th circuit in place of Judge Aldrich, has named one of the. most learned lawyers of this state. Col. Johnstone has enjoyed a large practice, not only at this bar but thrnughout the state, and in addition to that inher'its from hi.; fither. Chan cellor Job Joinstone, a legal and ju dicial mind. Besides that. he had the very best of training before enter in into the actual practice of law which l5d the founda-ion for his sue cess in ifter life. The fact that hel has recently, ai- (liy recently, been as.ociateJ as coun. l for the rail roads we are sure will not bias his' judgment or prejudice his opinions or rulings in favor of the railroad. We believe that there are men pos sess-d of minds big enough and oroad enough to look impartially up on any question which may be pres entedt to them, evl( though iney have at times been at4 (rnvys for l.u ge cor por:> ns, and we are satisfied that C.>! Johnstone possesse.s 3uch a legal -Wonder how much cotton will be picked by the immigrants that have been brought to South Carolina dur ing the past twelve months.--Lexing ton Dispatch. We wonder how many of the im migrants are now in the state.-Ches ter Lantern. We heard some of them went to JChester. You might state what pro portion of these remained, and pro bably some estimate could be made based on these figures. We have not heard of any remaining and would like to know i fany did remain in the state. IMPORTANT INFORMATION FOR TROLLEY 40MITTEB3S. For the benefit of the various mem bers of the trolley committees. col lecting data, the following relating to their duties is copied from the re solution creating the committees. In a few days the committees can pro cure from Mr. B. E. Nicholson print ed blanks relating to the matter of rights of way and the like. The committees are urged to press forward with their work. An early re port is wanted from them, so that the data can be arranged. The committees should apportion the work among themselves, and thus .simplify it and! make it easier. The portion of the resolution re ferred to is as follows: *The portion of the resolution refer red to is as follows: That the different coamponent parts of said committees are authorized and requested to collect data, such for in stance as the engineering prospects, the agrie-ultural anid industrial pro ducts, the ;proba.ble population to be served by said lines in the section of each group of said committees, the rights of way, ter,ninal rights, and the terms upon which these can be procured, and such other informa tion as may relate to construction of said lines.-Edgefield News. We publish the above 'from the Edgefield News so that the people in Newberry county may understand along what lines the committees intend to work. We understand that the see retary of the chamber of commerce has been directed by the president to gather the data for the Newberry com mittee, 'iId any assistance which may be given him by those citizens who live along the proposed route, we are satisfied will be appreciated. We believe that if the people of Newber can be assurtd that the road will b built, the rights of way will be give without cost, and arrangments mad for termital facilities at Newberr and Whitmire. We are, also, satistie< tha.t the right of way through Salud county can be guaranteed on condi tion that the road is built, and we ari sure there will be no difficulty in se curing terminal facilities at. Saluhl Court House. We hope that the see retary of our chamber of commerci will secure tihis data as rapidly as h( possibly can, so that the committee. may put it in such shape so as to pre sent it at the next meeting of the gen eral commi.ttee. That noise which was made in New. berry sometime ago-about the hospita seems to have partly, at least, die( away. We trust that those interest ed in this important movement. foi the city of Newberry will not stop th( work, it seemed. they had so well un der way. Surely the committee oJ the chamber of commerce which had the matter in hand will not let up ir their efforts until the hospital is es tablished. Th$ movement has thE endorsement of all of the physician., of the city, as well as those of the county, and we are satisfied that ij the work is kept moving the h6spital can very easily be. built. J. 1C. Hipp, Jr., and J. B. Setzler of Newberry, have been elected .pro fessors at the University of Virginia -News Item. Glad the Newberry boys have beer thought so well of. And yet wf wonder why our own Newberry col lege board goes wandering to foreig fields to fill the faculty. Surely wE have some who are competent and willing. Newberry county is to have a phonE line to connect Dead Fall with Utop ia. We do not suppose the name ol either is especially significant.-Sum ter Herald. .They both might be termed the land where milk and honey flow. freely and where will be found ac good and substantial citizenship az the state of South Carolina furnishes. What more could you desire. The French unit of horse-powei is one-seventh less than the English The length of the foot should be one-sixth the height of a well-form ed person. BUY YOUR ICIGAES, TOBACCC and cigarettes' from Broaddus and Ruff. BUS5TER 7CFH TIS ~ '~L~ JLYOU 0$Q(EVTHJNG IcopRIGHT 1906 Dy rat SUST8teraOurnP TIdE WILL SooN BE H. WILL CoME BACK. THE A LoNG TIME. THEY TALK To YOU ABoUT o1 YoU WoNDER HoW WE THE CREATOR of' BU WoRLD'S HIGHEST PAII U13 A f'RESII, SIGNED DR WE DID--IT CoST US Nc GLAD THEY WILL BE HEI TRUTH. WE Do. WE M MERCHANT MUST. WE EXCEP T oN BROKEN SIZE WE MAKE PRICES RIGH' WISH To MAKE MoNEY, CAN MAKE MoRE SELL AND DoING A BIGGER SELf' BY MAKING oUR INVITE YOU To LooK EA CAUL T'S CAR TOONS. R ESPE( A E eNo. 6994. REPORT Of the volitionl of the Peoples Na tional Bank, at Prosperity, in th,1 State ot Sout i Carolina. at the close of busine.is, August 22nd, 1907. Resources. Loans and Discounts .. ..$121.22S 39 Ovcrdrifts. .4ecured and unsecurd . 2.........2.168 30 U. S. Poud.-- to secure cir culation .. .. .. .. .. 6,250 00 Premiums on U. S. bonds 437 50 Banking house. furniture, and fixtures .. .. ... 3,429 09 Due from National banks (not reserve agents).. 1,254 18 1 Due from State Banks and Bankers ..... ... .... 222 51 Due from approved re serve agents ....... 5,046 66 ?Ohecks and other cash items .... .. .. ...... 1,129 45 Fractional paper cur I rency, nickels & cents.. 95 58 Specie .. ......$5,351 00 Legal - tender notes ......2,840 00 8,191 00 Redemption fund with U. S. Tresurer (5 per cent. of circulation) .. .... 312 50 Total .. .. .........$149,765 16 Liabilities. Capital stock paid in ....$ 25,000 00 Surplus fund ......... 5,000 00 Undivided profits, less ex penses and taxes paid.. 1,207 1? National Bank notes out standing ........... 6,250 00 Due to other National Banks............... 881 07 Due to Trust Companies t and Savings anks.... 114 00 Dividends unpaid 32 00 Inlividual deposits sub ject to check ........91.2S0 92 Bills payable, inculding eertifica!es of deposit for money horro:ed... 20.000 00 Total .. .. .... ......$149.765 16 State of South Carolina, County of Newberry, ss: . W. W. Wheeler. Cashier of the above named bank. do solemnly swear that the above satement is true to the est of my knowledge and belief. W. WV. Wheeler. Cashier. Subscribed and sworn to before me ths30 day of Auzust. 1907. T. A. Dominiek, I Notary Public. Corret-Attest: G. W. Bowers, IJno. B. Fellers, J. P. Bowers, .1 - Directors. EIS BROWN9 ~-0eSAO SoTMR.R. . o TCAUL T, APPY. BRSWN ANDoWN >'AR TIST, To MAKE FOR AWING EACH WEEK. BUT S MALL PRICE. WE ARE LE. BUST ER BELIEVESJ IN AKE A PRoFIT, EVERY Do NOT ''CUT PRICES' JOR WHEN oVERLoADED. r IN THE BEGINNING. WE WHo DoESN'T? BUT WE ING AT A FAIR PRoFIT USINESS. HELP YoUR VoLUME LARGER. WE LCH WEEK AT MR. oUT :TULLY, WART-PERRY CO., ooTEN'S oLD STAND, NEWBERRY. S. C. -niless a man has sen4e in his head it is difficult to keep doilars in his 1)ockets. The kangaroo readily jumps from sixty to seventy feet. The highest recorded leap of a horse is thirty seven feet. The benefactor engraves his name in the hand that receives the benefit. -French Proverb. The 'secret of the glow-worm and fire-fly is yet unsolved by science. Their light is entirely unaccompanied by heat. GET YOUR COLLARS AND CUFFS Iau-Mdered RIGHT by bringing tiem to The Herald and News of iep WEDNESDAY to go to the best laundry in the south. BROAD-, DUS AND RUFF, agents. THEMI invites everybody inti Shoes to come and see sonable line as can be the names Regina and I vorably for so long a ti Shoes. The swing lasts, etc., having wide treads ent widths, are built for furnish both. And the shapes for narrow feet I Button Boots are goinj we have lots of them. I Button and lace are the tial soles, made like me flexible and good fitte $4.00. Come and look Capital $50,000.00 Depo'sits $2 T HE COMME of Newber TO 33RIWC an emergency you ma3 The Comme Is prepared to loan reasonable s at legal rates. If you need moni or for other purposes come to ti positors of course receive the pr Interest Paid in Saa "The Bank for 3 JNO. M. KINARD, Pres. J. Y. McFA L DUE WEST FEM DUE WEE The ideal place for quiet study, thorougi kind personal oversight. The attendance facilities. New Carnegie Hall with eleg Eletc gtn istnddea ht rcomplete water Beautiful caoge The President's addr TO THE PATRONS -OF Good Workmanship I desire to announce to all good dressers, that I am pre pared to fit and please them from my new fall stock of Worsted and Woo'enettes of the newest designs and at prices always reasonable. Come In and see the new styles, and select your new fall suit. E, T. CARLSON, Merchant Tailor. NER CO. rested in Ladies' Fine as handsome and sea found. We mention Autohav, known so fa me to lovers of good Denver, Chilton, 'Iifty, and toe , of the differ comfort and style and re are the straighter n full range of sizes, to be*much worn, and k1so the College Boot. thing. Good substan n's shoe: but soft and rs. Prices $3 50 and the line over. Surplus$54,924.83 24,552.84. OCIAL' BAPK' Ty, S. C, rneed a little money. ~rcial Bank urns on acceptable collateral1 y to pay or discount your bills e bank and talk it over. De eference. ,ings Department. rour Savings." 0. B. MAYER, Vice-Pres. L. Cashier. ALE COLLEGE, T, S. C. work, sweet Christian influences, and an accomodatios for iooares ybes avatae ferthe lstmney. RV. JAS BOYCE,