The herald and news. (Newberry S.C.) 1903-1937, September 03, 1907, Page FOUR, Image 4
#ftv JjtesM fjHiwa
E. H. AULL, EDITOR.
Entered at the Postoffice at NewSttry.
S. C., as 2nd class matte*.
Tuesday, September .J, 1<)07.
IS IT SETTLED?
It was not Iliu intention of Tin
' Herald and News in referring to tlx
election of Mr. Allan Johnstone as
eliairman of the Clemson board t(
arouse so much comment on the sub
ject. We took it for granted thai
the presidency of the board was j
position under the state of South Carolina,
and inasmuch as the constitution
Ks so explicit on this subject ant
oontains a scpnratoj article as l<;
members of the general assembly il
seemed that there was no other alternative.
We nope that we will not be misunderstood.
Our relations with Air,
)ohns(onc> as a member of the legislature
have been exceedingly pleasant,
and we should regret very mueli
tor tlie necessity to arise of a special
election in this county, in addition
to losing the services of so valuable
a niemebr as Mr. Johnstone. St
we say we do not desire to be misunderstood,
but it does seem to us that
1 lie constitution is very plain 011 thu
subject. We do not. claim to be anything
but a layman, neither do wt
claim any considerable knowledge ol
constitutional law. but it seems thai
the constitution is very jealous ol
>| permit ting members of the general
J assembly holding any other position
">r olliee under the slat I lie I 'nil
cd Stales au<l (|xccpts only twomembers
ol the militia ami notariespublic.
The only ?jueslioii, since the mallei
lias been raided, as il seems |o us in
this discussion is, whether or nol
(lie chairmanship ol' (lie board ol
Irnslees of Clemson college is :i posi
lion under this stale or under lln
I nited States ami whether a lit',
tlusleesliip is a position or olliee nil
der Hie slate.
We b.'lieve l hat I he posil ion of I i fi
trustee is ;i j m . - i t ion under iliis stale
and so lar as we know the ipicslioi
lias never been passed upon 1?\- an\
judicial authority .-ml horizeil lo in
lerprel the ijiiestioii. The fact lhal
Senator Tillman in>|?Is ibis posilioi
as well as that ol I . S. Senator inot
a precedent, because even lhos<
who claim Dial the lite I ru<leeshi|
is nol a position under the stale wouh
"<>t by the same arguiueiit endeavoi
lo justily the ('lecliou of Senatoi
I i 11 inn ii by the legislature as a mem
her of the board of trustees of Win
t lirop college, and yet he holds thi:
. f> ' position also. The section of tin
constitution which we tpioled, how
ever, is that section which refers spe
cifically to members of the genera
assembly and not the section wliicl
inhibits the holding of two otlices.
It seems 10 us. however, lo get bad
lo Clemson college, that when lln
stale of Sou I h Carolina accepted (In
Clcnison bequest ami took charm- o
the property thai tlu?,>e who are man
aging il, including tin- life trusteo
are bidding positions under, and an
acting as agents of. tin- stale.
In a recent decision of The Siipronii
( ourl which has come out in the ad
vaneed sheets of 77 S. in i|(l- eas>
of Hopkins against K <lenisou colb-g
this language is used: "Aelioi
again-d Clcnisou college for damage
is an action against the state. " Tli
Supreme Court also says in this opin
ion: '* I he stale ol South Carolim
now owns h'ort Mill plantation ii
lee, holds the legal title ami is usiir
said place. The board of trustees o
the Clemson Agricultural College i
an agent ol the slate and acting as ai
agent ol the slate. Il is evident ilia
all of the property held by the hoar
ol trustees is the properly of lb
<slale and ( Icmsou college is a puhli
corporation, and the stale has onl.
made the defendant (Clemson Col
lege) its agent in managing the lam
and other properly." Il would seei
I roin the language ol llie Supreni
Court that the trustees were lb
agents ol the stale ol South Carotin
in the opinion of the Supreme Court
and that in managing the affairs fo
Clemson college they were acting a
the agent ol the stall*, and no tliscnii!
iualion is made between the life men
hers and those who are not life men
hers.
In IS!) | i be legislature passed a
act incorporating Clcnisou college, i
which ad section Li states that tli
board of trustees of Clemson colle^
and their successors in otlice, sha
have perfect control and direct tl
affairs of snid corporation. Sectio
.1 gives the board power to make sue
rules lor I lie maintenance of ordt
as may bo necessary. Section 4 giv<
them authority to appoint conntabK
.land In on force their ordinances, and (
' (his act makes the life as well as (he 1
elective members of the hoard offi- \
ccis of (he si a to, and if they not ofl'i- i
cers, all of them, of llie stale nnder u
the meaning of this section of the t
constitution, we do not know how to c
interpret plain English. t
We are printing in this paper all! s
t hii t has been .said in regard to this it
mailer, and ns we stated in the be- (
3 ginning of this article it was not our i
? purpose lo create any discussion v
s hut we thought we were stating a i
> plain and simple provision of the con- 1;
- stitution of this state. We do not 8
t care to and will not prolong the (lis- c
i enssion. Neither shall we issue any
. quo warranto proceedings because we
. are glad a Newberry man is on the ^
[ Clemson hoard as its chairman.
> Our colemporary, the Observer,
t and Mr. Johnstone have construed the
. constitution and so far as we are con- ^
cerned il may stand as they interpre)
it. They say thai I he chairman
ship of the hoard is not a position j
and thai life members do not hold of- t
lice or position under I he slate and (
( thai, therefore. Mr. Johnstone is le- .
, gaily and constitutionally filling these
several positions. (]
c
> JUDGE GEO. JOHNSTONE. I
Oov. Ansel, in the apopintmenl of <
Col. (Jeo. Johnstone to hold the
> courts of I he olh circuit in place of
Judge Aldrich, has named one of I he (1
! most learned lawyers of this stale.! f
Col. Johtislone has enjoyed a large _
practice. not only at Ibis bar but j
thrnrjhout I he stale, and in addition ,
I In that :nh.-rils from hi ? fa'her, Chan- v
i cellnr Job i >hi!stone. a legal and ,ju- |,
di'ial mind. I'esides thai, he had the| |
very best of training before enter- |
> i;ig into the actual praclice of law! v
whi? h laid the founda!':i>:i foi his sue-1
cess in .ti ler life. The fad lliat he I
i ir.i> recently, and only rocnt!y, been |
|. as-ocia:e.l as conu-?-e| lor I he rail- j
F loads we are sure will noi bias li is i
- i,id<:mcut or prejudice his opinions |
??r rulings .n favor of the railroad.
We believe that then- ,i i e men pos- |
- scssed of minds big enough and j |
oroad enough to look inij.arl ially up- L,
on any (piesiion wb?c!i nri*- Iprcs-jj
. | < )>11 i In them, rv.'n though f iey have I ^
i j ;:l limes hern ;il'< i i for 1. 11 u? cor-J
IM : . ". ns. ami \> :ir<' s*ij i-?!:cil that
-j ( o! .1 hnslone ttiosjsses ;;ich a legal i
I - Hi .. i
si Wonder how much cotton will be (
I picked by the immigrants that have ,
i been brought lo South Carolina duelling
the past twelve months, hexing- ]
r ton Dispatch.
r We wonder how many of the im
migrants are now in the slate.?('lies
- ler Lantern.
; We heard some of them went lo
L> |Cfhester. Von might stale what pro
portion of these remained, and pro
bably some estimate could be made
I based on these figures. We have not
i heard of any remaining and would
; like to know i I'any did remain in the
; j state.
' | IMPORTANT INFORMATION FOR
f TROLLEY COMMITTEES.
- For the benefit of the various incni,i
hers of the Irollev commit lees. col-j
c Meeting data, the follow ing relating
j to their duties is copied from the re-i
i* solution creating the committees. In'
i
- a lew days the committees can pro- j
i' cure from Mr. l>. I'',. N icholson print e
j i'd blanks relating to the matter ol
i I rights of way and the like.
s I 'flic committees are urged to press j
c | forward w ith their work. An early rc
J port is wanted from them, so that lliej
t data can be arranged, flic committees j
il , should apportion the work among j
UI themselves, and thus simplify it and I
r 1 i
' ! make it easier.
si The portion of the resolution rci)
| I'crred to is as follows:
t j The portion of the resolution refer- '
il | red t o is as follows:
c I That the different component parts
c of said commillees are authorized and
y rcipiested to collect data, such for in
stance as the engineering prospects,
il th.' agricultural and industrial proit
duds, the probable population to he
e served by said lines in the section of
e each group of said committees, the
a rights of way, terminal rights, and
. the terms upon which these can he
r procured, and such other informas
tion as may relate to construction of
i- said lines. Kdgclield News.
i- We publish the above from the
i- Kdgclield News so that the people in
I Newberry county may understand
n Along what lines the commit tecs intend j
n to work. We understand that the seee
rctary of the chamber of commerce
;e has been directed by the president to
II gather the data for (he Newberry comic
mittce, and any assistance which
m may he given him by those citizons
h who live along the proposed route, we
>r are satisfied will be appreciated. We
is believe that if the people of Newber;s
rv county along the (proposed route
!?n bo assured tlint the road will hi;I
milt, the rights of way will be given
vitliont cost, and arrangements made
'or terminal facilities at Newberry
ind Whitmire. We are, also, satisfied
hat the right of way through Saluda
lounty can be guaranteed on comliion
that the road is built, and we are
ure there will he no difficulty in seruring
terminal facilities at? Saluda
_\>urt Ilouse. We hope that the sec etary
of our chamber of commerce
vill secure t<liis data as rapidly as he
>ossibly can, so that the committees
nay put it in such shape so as to preent
it at the next meeting of the gen ral
committee.
That noise which was made in Newierry
sometime ago about the hospital
ecms to have partly, at least, died
way. We trust that those interest-*
d in this important movement for
he city of Newberry will not stop the
vork, it seemed, they had so well unlor
way. Surely the committee of
lie eliambcr of commerce which had
he matter in hand will not let up in
heir efforts until the hospital is esablishcd.
ThJ mowmcnl has the
ndorscment of all of the physicians
if the city, as well as those of the
ouuty, and we are satisfied that if
he work is kept moving the hospital
an very easily be built.
j. Hipp, Jr., and J. B. Sotzler,
if Newberry, have been elected proessors
at the University of Virginia.
?News Item.
(Had the Newberry buys have been
bought so well of. And yet we
fonder why our own Newberry col- j
ege board noes wandering to foreign i
iehls to l ill the faculty. Surely we j
ia\*e some who are eoiiipetent and j
Newberry county is to have a phone
ine to eonneet Dead Kali with Utopa.
We do not suppose the name of;
it her is especially sii>nilieaut.?Sinner
Herald.
They both might be termed the
and where milk and honey flows',
reely and where will lie found as I
rood and substantial citizenship as
he state of South Carolina furnishes.
\ hat more eouhl von desire.
: !
file Kreneh unit of horse-power |
s one->eventh less than the Knglish.j
t
The U'ligth of the foot should be
mc-sixth the height of a well-form>d
person.
BUY YOUR ^CIGARS, TOBACCO
and cigarettes from Broaddus audi
Huff. i
WHERt
-p . -*
4 " 'CH THI ^
?PACF! EACH
You /
VV i t..-L, ; \ /
I'X ,;:.lYou C
, yfl ~ /%
[ CQPYMCHT I9QG BY THt BUSTER. ftHoWH I
TIGE WILL .SooN BE H/
WILL COME BACK. THE'i
A LONG TIME. THEY V
TALK TO YOU ABOUT OU
YOU WONDER HOW WE G
THE CREATOR. OF BU^
WORLD'S HIGHEST PAID
\JS A FRE.SH, .SIGNED DR/
WE DID ? IT CO.ST K1S No
GLAD THEY WILL BE HER
TRUTH. WE Do. WE M
MERCHANT MU.ST. WE
EXCEPT ON BROKEN .SIZE
WE MAKE PRICED RIGHT
WI.SH TO MAKE MONEY,
CAN MAKE MORE -5ELLI
AND DOING A BIGGER
.SELF BY MAKING OUR
INVITE YOU TO LOOK EA
CAULT'-S CARTOONS.
RE.SPEC
E'
AT W(
No. 0994.
REPORT
01' the condition of the Peoples National
Bank, at Prosperity, in the
State <?f South Carolina, at the close
of business, August 22nd, 1<J07.
Resources.
Loans and Discounts .. ..$121,228 39
Overdrafts, secured and
unsecured 2,108 30
IJ. S. Pond.s to secure cireulation
0,230 00
Premiums on U. S. bonds 437 50
Banking house, furniture,
and fixtures 3,429 00
One from National banks
(not reserve agents).. 1,254 18
Due from State Banks and
Bankers 222 51
Due from approved reserve
agents 5,040 06
'Checks and other cash
^ items 1,129 45
Fractional paper currency,
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
I ndivided profits, less expenses
and taxes paid.. 1,207 1?
National Bank notes outstanding
.. . 6,250 00
Due to other National
Banks 881 07
I >ne 11) Trust ("otuitallies
and Savings Hank-;.... Ill 00
Dividends unpaid ,'}2 00
In Iividnal deposits subject
to check Ml.280 ?)2
Bills payable, inculding
' erliliea;es of deposit
'<?r money borrowed... 20.000 00
Total *1 -19,705 10
Stale of South Carolina, County of
Ni'wberry. ss:
I. \\ . \\ . \\ heeler. ("asbi'M* of the
a >o\ e .named bank. do solemulv swear
luat the above siah'iuenl is true to
llie best oI my knowledge and belief.
W . \\ . Wheeler, Cashier.
Subscribed and Mvorn to before me
liii^ .'!<! day of August. 1907.
T. A. Doininick,
Notary Public.
Correct?At test:
> (1. \V. Bowers,
Ino. B. Fellers,
J. I'. Bowers,
Directors.
CO- CHICAGO. BuSTEft DROW/t
\PPY. BUTTER bRoWI^
( WILL BE ON TU\S PAGE
ILL DELIGHT YOU ANE
R BU*SINE,5*S. PERHAPS
or mr. r. r.ourcAi/LT
> T E R BROWN AND TH*
ARTIST, To MAKE FoR
\W]H6 EACH WEEK. BUI
ALL PRICE. WE ARf
'E. BUTTER BELIEVED\f
AKE A PROFIT, EVER^
Do NOT "CUT PRICED"-SOR
WHEN OVERLOADED
' IN THE BEGINNING. Wf
WHO DOESN'T? BUTWf
NG AT A FAIR PRoFI'J
bVS\HESS. HELP YOUR
volume larger; wi
ch week at mr. outtfully,
wart-perry CO.,
DOTEN' *S OLD *STAND,
NEWBERRY, S. C.
Unless a man 1ms sense in his head | Tfl
it is diflleult to keep dollars in his I II
pockets. * "
The kangaroo readily jumps from
i sixty to seventy feet. The highest Iffl
recorded leap of a horse is thirty- Vll
seven feet. >
The benefactor engraves his name g?0<
in the hand that receives the benefit, pare
i ?French Proverb. ' '
frorr
, The secret of the glow-worm and Woi
fire-fly is yet unsolved by science. j^e
Their light is entirely unaccompanied
by heat. PriO
Con
GET YOUR COLLARS AND CUFFS an(i
laundered RIGHT by bringinsf
liioin to The Herald and News of'icc
WEDNESDAY to go to the [
best laundry in the south. BROADDUS
AND RI FF, agents.
Invites everybody interes
Shoes to come and see as !
sonable line as can be fc
the names Regina and (Au1
vorably for so long a time
Shoes. The swing lasts, De
etc., having wide treads an
ent widths, are built for co
furnish both. And there
shapes for narrow feet in f
Button Boots are going tc
we have lots of them. Als<
Button and lace are the th
tial soles, made like men's
flexible and good fitters$4.00.
Come and look the
Capital $50,000.00
Deposits $324,
THE COMMERI
of Newberry
TO BRIDGE
^ an emergency you may n
The Commerc
I Is prepared to loan reasonable sum
) at legal rates. If you need money 1
? or for other purposes come to the L
? positors of course receive the prefe
J Interest Paid in Savin
"The Bank for yoi
JNO. M. KINARD, Pres.
C J Y. McFALL.
i
; DUE WEST FEMA
C DUE WEST,
The ideal place for quiet study, thorough wo
kind personal oversight. The attendance ovei
facilities. New Carnegie Hall with elegant
Electric light, steam heat, complete water wc
mate and splendid health record. The very b<
Beautiful catalogue. The President's address 1
I THE PATRONS
?OF?
od Workmanship
desire to announce to all
1 dressers, that I am preid
to fit and please them
1 my new fall stock of
sted and Woo'enettes of
newest designs and at
es always reason able,
le In and see the new styles,
select your new fall suit.
T. CARLSON,
Merchant Tailor.
re
sted in Ladies' Fine
handsome and sea>und.
We mention
tohav, known so fato
lovers of good
nver, Chilton, Nifty,
d toe , of the differmfort
and style and
are the straighter
ull range of sizes,
f be much worn, and
3 the College Boot,
ing. Good substanshoe
: but soft and
Prices $3 50 and
i line over.
1WER CO.
Surplus$54,924.33
,552.84.
m BANK
, s. c.,
p:r~
i
a oviun
eed a little money.
:ial Bank
s on acceptable collateral
;o Pay or discount your bills
>ank and talk it over. Derence.
igs Department,
jr Savings."
O. B. MAYER, Vice-Pres.
Cashier.
LE COLLEGE,
s. c.
?rk, sweet Christisn influences, and
flowing last year. Greatly improved
accommodations for 100 boarders
Iks and sewerage. Delightful clieat
advantages for the least money.
lill September ist will be
REV. JAM ICS UO VCR,
Montreat, N. C.