The herald and news. (Newberry S.C.) 1903-1937, September 03, 1907, Page TWO, Image 2
JUDGE PRITCHARD
SENDS CASE BACK
important Decision in s. o,
DAMAGE SUIT.
Decision is in Line With Recent Decision
of Judge Ernest Gary of
State Circuit Court.
A.villc, N. C.f Au?f. 29.?Judge
('. 1'ritchard, in the United Statej
court, rendered a decision today ii
tlio ease of Charles J. Morrow versus
(-harlotte Air Line Railway company
remanding the case hack lo the Soulli
Carolina State court.
Morrow sued the railway for $10,000
on account of personal damages
sustained hy him. |he suit being en
lered in IIm* Stale court of South ('ar
' Iim:i. The railway company petitioned
thai the ease he moved to the
1 nitcd States circuit court, on the
vround of deversily of citizenship,
Hie railway company alle-vinv,' that it
was a eiti/.en ol North Carolina, while
the plaintiff was a eiti/.en of
South Carolina. Judge 1'ritehard after
hearing the argument remanded
the ease hack to the South Carolina
slate court from whence it was removed
mi Ihc ground licit the railway
company was a domestic corporation,
V C. I'. Sanders of Sparlanburg appeared
for the railway and Slanyarne
Wilson, also of Spartanburg, represented
the plaint ill' Morrow.
JUDGE GARY'S DECISION.
Synopsis of His Dccreo in the Atlan
tic Coast Line Caso.
On August I Judge lOrnesI (Jarv ol
the South Carolina cricnit court rendered
an opinion in the ease of \Y. (},
< I era I y v<. the Atlantic Coast I /m<
Railroad company, in which he hehi
that the defendant company was, ii
e\ <'ry sense of the word, a doiuc^tii
't poraI ion and tniM accept sum
tnons in the court of (hi- state. Thi
>pinion at the time alt raete<| w ide at
i n t ion. .lud'je (iaryS- ruling wa? ol
it ore tl'.au ordinary interest. for ii
was in direct opposition to an opin
ion handed down in the federal court
i .ludi'.e .1. ('. I'ritchard in a similai
case, and for that reason alone tin
opinion \\ a < engerL read hy mem
!ier> of ihc har throughout the state
'I hi.-* w a - a ease for damage^ a ;aius
the Atlantic ('oast Line for a sum e\
eeeding -$'J.(HI0. liYlying upon the de
cision of .Indue I'liti'liard in the ea-H
"I Lee vs. the Atlantic Coast I.in.
Kailroad company, in which it wa;
held that the defendant corpora I ioi
was not to he considered a domeslii
corporation of the State of Sou 11
Carolina, hut a Virginia corporation
and properly within the jurisdieliot;
"! the I nitcd folates courts in sucl
cases alleging damages. the defend
ant company made a motion he fori
Inline Gary, which was argued he fori
him at chambers in Columbia, tc. se
aside the service of summons on tin
ground that the defendant, was not ;
corporation organized nnder the law;
of the Stale of South Carolina, as a!
Jeged in the complaint.
Judge Gary ditnissed the motion
holding that this railroad company i
a South Carolina corporation. If i
is not a domestic corporation, then
he holds, '"the operation of its railroads
in this state is unlawful."
Judge Gary's decision was that th;
Atlantic Coast Line company wa>
formed hy a merger subsequent to tin
'enactment of the constitution of ISO,")
Therefore the Coast Line is operatiiu
in this slate under a charter given b\
the state. And if it is not, then it i:
a trespasser and has no right withii
the state, under Judge (Iary's ruling
31c declares a ''domesticated corporation
to he* a foreign corporation
which has become as practically th.
same tiling as a domestic corporaliot
and insists that the laws of the stall
apply to one just as to the other.
The Clitic Scored.
Arthur \\ . I'incro is the aulhoritv
lor the following story about the
late Jo-;. Knight :
At a supper party at the Qarrick
club some years ago theatrical manager
wound up a humorous speech bv
declaring his conviction thai il would
he lo the advatnge of the drama if a
muster were made of all (he theatrical
critics and they wore shot offhand.
Mr. Knight, called upon to reply
to this playful stricture, rose, and
in his richest tones spoke as follows:
"Gentlemen, I have not the faintest
objection, understand me, lo (he
course proposed by Mr. X., provided
that, in mercy, we are shot before
being notified to witness such entertainments
as our dear friend has recently
produced at his theater."
y<t" " '
I ifcj&i SV.i. ?:\.
, "SO DISASTERS
COME NOT SINGLY.'
The State.
Union, a Aug. 29.?That troubl.
. never comes singly is illustrated it
the sad and distressing case of Silai
Worthy, a colored man who lives
near the Bethel A. M. E. church, neai
Rice's mill. Since the first day o
May, Silas has had illness in his fam
ily, as many as four being ill at tin
' same time.
* On Monday his son-in-law cam<
1 home with a broken leg. Early Tues
5 day morning one of his daughter:
> died of tuberculosis. That afternoo;
1 nl 2 o'clock, when the codin for tin
daughter was being brought in, i
second daughter died. Late that af
lernoon, when I lie collin for the sec
( "in! daughter win brought in, a wa
- dm arrived I'rom I lit? home of Silas
l'allier-in-law in the country for ;
ul'lin t<>r l.im, lie having died a lev
hours previous.
1 The funeral of both daughters wa:
held on Wednesday at I o'clock ant
tin; father-in-law's at .'I o'clock.
Silas is a <|uiol,a industrious man
and works at the Union cotton mill
The unusual series of bereavement!
thai he hits had has excited genera
sympathy.
MR. LONG IS RUNNING.
Announces Himself as a Candidal
for Solicitor.
The only man from Andersot
county who so far has announcet
himself as a candidate is Mr. M. (3
. think my experience in the court roon
card in the Daily Mail.
I realize this is a little premature
and I am sonV my opponents liavi
opened np the campaign so early, bu
as they and their friends are writini
, :ill over the country. I am forced t<
I apprise my friends of the fact, that
i am going In be in the race for solici
. j l??r next ,\ear to succeed Mr. I'oggs
'who will not -tan.I for re-election.
; am kept \?tv Iiiis\ day and aighl will
m\ ollicial 1111 i - ;*! ! I haven'1 111 <
i I line to wriie it h i s, or !, go aroniM
I and meet with the people.
In making the race. I am to rut
I solely on my own merit, free from an;
r and all political pulls, schemes o
?< combiuat ions. IMain sini|ile duty 'i
- ::oing I ? lie my platform. I believe ii
.l-liirlly enforcing all laws upon lh
I J statute book.- and I do not believe ii
. having one law for the rich, or iiillu
_ I <*111ia 1 man and another law for th
?J poor, or ignorant man. but I heliev
, in all sharing alike when they coim
< into court, and each and every on
, gelling justice and the law vindicat
. ed, no matter what his station in lif
i may be.
,] I have been court stenographer o
i l'ii- circuit for several years, and
i think my evpericnee in the court roon
- lias been worth more than that of th
i' average practitioner, for I have bee
i? in court from 2.~>0 to 27.") days eac
t year, taking down the court proceed
ings in short hand, ami then having t
i typewrite most all (>f the importan
s cases after leaving the court, there
- by becoming familiar with ever
phase of the law. I have assiste
f Solicitor Hoggs in preparing most al
s ol the indictments since I have bee
t on this circuit and I am thoroughl;
t acquainted with the duties of the sc
. licitor's oflice, and if I am elected, i
will not be anything now to me, fo
? 1 have been drilled into it. If I ar
, elected 1 will guarantee the peopl
, that there will not he any congeste
dockets on the criminal side of th
I court.
Hetore my appointment as stenog
^ raplier of this circuit. I served Hire
( years as law clerk and amanuensi
j with Hunt. Hunt A: Hunter, of New
berry, S. and at the same tim
( j read law under thorn, which positio
, I held when I received the ap]>oint
( ment to my present position.
, M. Long.
I lie secret ol the glow-worm am
tire-fly is yet unsolved hv scienct
| I heir light is entirely unaccompaniei
! by heal.
mppip
You will save money and get a
better roof by using
FAROID.
I Slate colored?contains no tar?
I I easily laid?a roofing kit free.
H Npark, water, gas, heat and coltl
I proof. Lasts lonrf m\i1 look* well.
I Don't take an imitation.
H Send for n free sninpto ntul book of build- I
9 ?inr plans for n 2 ccntstamp. Investigate. I
A N N 0 N
' \
. ,,,v .'v'vy..;
j'j.( n ; Ki ' Kv'.i!.-j; f,
WE SET
; While'
c Wl
H011SE I j
: gold
; The Most Useful Invent
! Marvelous !
More wheels are ruined
* Only 20 to 30 minutes rec
1 therefore you can afford t
guarantee will be done in tl
1 Remember that we do al
* you that you will find our cl
l
! Pianos
ANI)
J Orgar
j At Factory Prices.
Write us at once for our special p
of payments on a Piano or Org;
> If you buy either instrument thron
a us, you get a standard make, (
t that will last a life-time. Write
Malone Music House
> COLUMBIA, S. C.,
For Catalogues, Terms, Etc.
hue titiitB
POINTS OF KXGl.vIJJ
:l Thorough instruclion. Univer
v1 library. Kxcellcnt laboratorie
r fulness. Honor system, Full
- courses. Degrees of A. H. am
I Next session opens September
I,KK DAY
,
.
i ^ X
II a Jtzr
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" /
t \ ? y
y Vl
d % I
11 \
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t )
r + <J
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a.
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e 9
? Newberry , S
0 & Dear Friend:
s $ All flour i
0 wheat, but s
ti ^ than others;
" m flour is bet
kinds.
? When you g<
II i t r ai ses ni
j bread. I Icp
have good br
? We mak e i t ou
1 i
w
> # P. s. The
1 is in this t
? flour. It cc
and we got i
? JO*
t 1
<?
&
j?
!
, ? ? ? <?? ? 4 ? <j.
1
You Wait
ITH THE
2H T,RE
SETTER
ion of the Age Brought to a
State of Perfection.
by over dishing than anything else
juired to set all four of your tires
0 wait for your work, which we
ie most perfect manner.
1 kinds of rep air work and we assure
barges very reasonable.
H. F. ADDY & CO.,
Newberry, S. C.
1? ???BB>MMfc^WORniaBWUMM?
IRSEESIH
IS ICUTS.SORES.BURHSr
I &. Rheumatism 23$. f
i
|^n Jameotowu Exposition, Norfolk, Va
For the above occasion the Char
me
, lesion and Western Carolina railway
?
j will sell cheap round trip tickets. Fo:
1 rates, etc., see ticket agent or writ*
Ernest Williams,
(3. P. A., Augusta, Qa.
iv/ \r j? ionX?K - ^^-r^r-w^-,.^TT^rinr-^n-mTrfTilTTrrri^Ft'R
WOMEI, Oaffny, I C.
\NCK:?Iliigli Standard. Able faculty
sity methods. Fine equipment. Splendid
s. Beautiful site. Unsurpassed health
I literary, scientific, musical and artisti<
1 H. M. Winnie Davis School of Hi: tory
iSth, 1907. Send for catalogue.
IS LODOIC, A. M., Ph. I). President.
i
?
1
fou
*
r? \
>1>V ^
i
M
! C. , Sept. 2, 1907. i
4
s made out of 4
ome wheat is better ^
therefore some
ter than other ^
4
3t real good flour ^
cely and makes good g
/e good bread. We a
ead at our house. |
tofJ.E. M. flour. Q
ur f r i end, 4
Jacob.
best flour there j
own is J. E. M, ^
>sts 80c. a sack , ^
t from ^
IES' GROCERY,
'ant's Old Stand. 4
I
4
4
??$ V.' : ' > > ' .. :
f* HOW?MEMBBMBMB?IMMI??
A PRIZE F
A prize is given to each j
itor that leaves their mone;
three months or longer?a
four per cent, interest; and
largest premium in the lot t
than the other fellow.
FOUR PER CENT. ON
The Bank oJ
L Prosperi
Dr. Geo. Y. Hunter, Pres't.
J. F. Browne, Cashier.
DuT o. <
Tile People's 1
Prosperi
Paid Up Capital
Surplus and Individual
Stockholders' Liabilitie
For protection of depo*
H. C. Moseley, President. 1
W. W. Wheeler, Cashier. (
Better a conservative intere
return when wanted, than a higl
about the principal.
f A National Bank is a safe De;
r makes it so. Likewise our Bo:
e of prudent conservative manage
DIREC
G. W. Bowers.
J. A C Kibler.
R. L. Lulher.
M. A. Carlisle.
J. H. Hunter.
I J. P. 1
- We allow 4 per cent, pe
: Department, interest f
Littleton Pet
Splendid location. Health resort. I
| modern improvements. 240 boarding pi
" ship, culture and social life Conservatoi
y in Art and Elocution. Rusiness College,
Health record not surpassed Close
9 dcAclopment of cacli ppuil. Uniform wo
charges very low.
^ 26th Annual Session will begin 011 Sc
REV. J.
I
I ___
i LAE
>
^ Are always welcome al
I tend a special invitat
Savings or Checking ac
f the counsel of the offic
be needed it will be g
room, table and wine
I for the hundreds of lad
may hereafter favor
I business.
> The Place Yon
j YOUR B
; THE NEWBERRY
I Capital $50,000
r
>
> No Matter How Small,
[ The Newberry
v will give it careful atl
9
> applies to the men and
> jas. Mcintosh,
& President.
w.:;:,Sfliw:; I
7OR YOU.
.1
md every Savings Depos- u
y on deposit with us for fl
prize is in the shape of ^
it's up to you to get the
)y depositing more savings
SAVINGS DEPOSITS.
Prosperity,
I
ty, 3. C.
Dr. J. S. Wheeler, V. Pres.
J. A. Counts, Asst. Cashr.
BSHBBBBaRBHHRMHaMBEgrasanaanKmaHBMfl
399<t
National Bank
ty, S. C.
- $25,000 00
Profits $6,000 00
s . $25,000 00
sitors.
V!. A. Carlisle, Vice-President
3eo. Johnstone, Attorney.
:st on your deposit with its safe
h rate and a feeling of doubt
posit. Government supervision J
ird of Directors is a guarantee 1
:ment.
TORS:
W. P. Pugh. '
Jno. B. tellers.
W. A. Moseley.
Geo. Johnstone. '
H. C. Moseley. j
3owers.
r annum in our Savings i
>ayaole semi-annually.
tiale College. |
lot water heat. Iilectric lights and other j
lpils last year. High standard of scholar- ^
ry advantages in Music. Advance course
liible, and normal courses.
personal attention to the health and social
rn on all public occasions I
pteinher 18th 1907. l''or catalogue address
. Mt RHODES, President, I
Littleton, N. C. t
)TesT j
t our Bank, and we ex- I
ion to them to open a fl
:count. If at any time fl
ers of the Bank should fl
riven freely. A special
low has been provided fl
lies who now, and who
us with their banking fl
1 Are Welcome. ?
ANKING! I
SAVINGS BANK. I
Surplus $30,000 fl
No Matter How Large,
Savings Bank fl
tention. This message
the women alike.
J. 5. NORWOOD,
Cashier. fl