The herald and news. (Newberry S.C.) 1903-1937, September 03, 1907, Page FOUR, Image 4
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,