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SOUTH AND WESTERN. New Railroad Heading from the West to the Coast -Why Not Come by Newbrry? The State, 21. Mr. George L. Carter, president of the South and Western railroad stat ed yesterday that this great road may come through Columbia on its way to the sea. It is the purpose of the cor porators to build a line from the Great Lakes to Charleston. Mr. Carter and his party came in to Columbia unexpectedly yesterday on a special train from Charleston and after a brief stop went on to Norfolk via the Seaboard. This will be a great trunk line, and if it comes to Columbia, as it will if it is completed to the sea, this city will be greatly benefited by an addi tional outlet. Mr. Carter and his party, after a drive around the city, expressed themselves as very much astonished to find such a large and bustling city here and they were gratified at the general appearance of the city. The visitors were met by Mr. W. G. lCilds and Mr. W. H. Lyles of the Columbia, Newberry and Laurens road, and after a brief stay President Carter left for Clinton in company with President John B. Cleveland of the Charleston and Western Carolina road. It has been rumored here for some time that Mr. Wm. G. Childs would, on the 1st of January, retire from the presidency of the C., N. & L. and tie visit of President Carter yesterday and his trip from Columbia to Clin ton in order to catch the Seaboard there gave rise to additional talk along this line. Mr. Porter of New York, chairman of the finance committee- of the SQh and Western, is a close busi nas associate of Thos. F. Ryan,. and it i4 believed that the-road has strong financial backing in the East. The road is being built from Johnston City, Tenn. That statement is a-. little bit vague. but is none the less correct. The headquarters are at Josnston City, once an objective point for the ill starred 3C's which has now been swallowed by the Southern. It is said that 175 draughtsmen and auditors are em ployed in the offices at Johnston City. Mr. Geo. L. Carter, president of the South and Western, is an East Tennesseean, and it is said that an ''East Tennessee Yankee'' is the greatest financier in the world. At any rate Mr. Carter has been very successful. He is the,. controlling spirit in the Chirchfield Coal corpor ation, in the Black mountain and Crane's Nest coal fields, and in other extensive operations. The great Black mountain coal dis trict is as yet undeveloped and the South r.a~d Western will open it to the markets. .This section will be the equal of Connellsville, Pa.. when the South and Western traverses east ern Kentucky and south west Vir gmnia. This would be the shortest route from the coal fields to the sea if the company should build from Johnston City to Rutherfordton and from the latter place to Spartanburg and thence to Columbia and C'harleston. The line now is operated from John ston -City southward to Spruce Pine, ad from Johnston City to Maryville on the north. The grade is projected so that it will not exceed one per cent through out the Blue Ridge. The seeret in operating coal trains is how to oper-. ate the empty trains at the minimum uost. The objective point in the north is Elkhorn, W. Va. Mr. Carter is a man of great ex eeutive ability and it is believed that he will put his road through. Column bia will hardly be given the "go by,'' but the Chamber of Comineree has an opportunity to work to get the line here. FRANCHISE TAX ACT UPHELD. Petition Against Comptroller Gener al Dismissed-Chief Justice Pope Writes the Opinion. News and Courier. tL@lnbia, September 21.-The su premne court has dismissed .3e peti tion in the case of the War-e Shoals Manufacturing Company against Comptroller General Jones, which is the case brought to test the constitu tionality of the Franchise License Tax Act of 1904. When the decision of the Supreme Court was first announced in the case brought by the British and Ameri can Mortgage Company resisting the payment of the tax under thi-s Act of 1904 it appeared that the whole law would be nullifed. The decsion in pany. but by implication it applied to all foreign corporations doing busi ness in this state. The case now un der consideration was then brought by the Ware Shoals Company, a domes tic corporation, to secure the judg ment of the court as to domestic cor poratins, and if the supreme court had followed its first decision in the British and American case it would have nullified the law of 1904 com pletely. But Attorney General Lyon, representing the Comprtoller Gener al. filed a petition for rehearing in the British and American case, and not only secured the rehearing but secured a decision reversing the for mer decision of the court. Now the court follows this up with another de cision sustaining the Act of 1904. The opinion in the Ware Shoals case was filed today. It is written by Chief Justice Pope. This was an application to the su preme court in its original jurisdic tion for an injunction against the Comptroller General restraining him from proceeding under the Act of 1904, amended in 1905, to assess and charge against the petitioner a tax of one-half of one mill upon each dollar of its capital stock paid in and out standing, amounting to $500, and up on refusal of the petitioner to pay said tax within the time stated in the Act to proceed to collect same as di rected in the Act. A rule to show cause why the injunction should not be granted was issued on March 29, 1907, and a temporary injunction is sued. The petition alleged in brief that the Act in question is unconsti tutional, null and void and that the respondent is proceeding entirely without authority of law. "In considering the cause," says Chief Justice Pope, "we are met at the ouset with preliminary ques tions of grave importance. The first of these is whether or not this court has jurisdiction to hear the matter, and in case it find the Act unconsti tutional, as alleged, it can then go forward and grant the injunction prayed for. Section 412 of the Civil Code of 1902 provides: 'The collec tion of. taxes shall not be stayed or prevented by an injunction, writ or order issued by a court or a judge thereof.' The. Chief Justice points out that the Constitution gives the su preme court the right to issue writs, orders of mandamus, injunction, etc., and the question arises whether the legislature in view of this constitu tional grant of power can prevent the court from issuing a writ restraining the collection of taxes. The question has been exhaustively considered in several cases cited, t.he court holding that such action on the part of the* legislature was valid. In all these eases, however, the petitioner had an adequate remedy at law, paying un der protest and suing for recovery. In all cases this remedy might not be adequate,'' says the Chief Justice. For instance, suit cannot be brought against the state without the state's consent, and this principle may be applied to this ease, since the tax in question is not collected like ther taxes, but is collected by the Domptrolled General and paid into the state treasury direct. 'The Chief Justice then reviews the law existing prior to the Constitution of 1869 in regard to the recovery of taxes illegally paid, an( the effect of the constitutional provisions and of Section 412, of the Civil Code. He holds that the right to enjoin the col lection of illegal taxes is not taken away by the statute cited. Considering, then, the constitution dity of the License Tax Act of 1904, -he Chief Justice notes the points on which its validity is questioned and decides, as in the British and Amer iean Mortgage Company's case that the Act is constitutional, and the pe ition is therefore dismissed. A Scottish Courtier. Recently there was attached to the Prince of Wales's household a Scotch man whose capacity for bluntness searcely fits him for the delicate du ties of court. The Princess of Wales, who has a burning desire that her husband should be as popular with the people as is the king, is always endeavoring to find out the exact feeling with which people regard him, and -queries every newcomer in the establishmn&t for information.. Call ing the latest.addition to hersi de one day she said: "Now, tell me the honest truth what do the public say about the prince?"' "Why, how should I know, ma'am?'' he replied. "Don't say such a thing as that. You do know, and I do want - to hear.'' After some consideration, and feel ing that there was no way out of it, mia'ami, to tell you the truth, they say he drinks like a fish.'" "How disgraceful and unkind, and unjust too, of them to say such a thing," returned the princess with tears in her eyes. "What an un truth, too! I really don't think you should have told me such a thing.'' People in the.royal entourage now say that the Scot has come to the end of his tether and that he won't get a royal post again in a hurry. Lor:don -Gor. of Cricago Tribune. Ever Notice? The doctor business seems to be extra good at health resorts. New Market. I have opened a first class Meat Market on Friend street, next c4or to the Observer office, and am prepared to furnish choice meats of all kinds. All orders entrusted to me will receive my personal at tention. Come to see my market. It is the cleanest and most up to-date market in Newberry. J. A. WRIGHT, Friend Street. Phone 232. CA! ThE AS KNOWN ~w] We have decide( We believe this t advantage ofouw pay an extra pro pay. We quote everything going Dress ( 'ercales, nice goods......... rocade SutUngs............................-.. alaid Dress Goods..... auburn Suiting........................ roadclQth, all colors................ Motions at lowest figures.. Jewelry an< The best line ever brought to A good Watch for 99c. 0th< See our line of Jewelry and a We are prepar same money if t have to pay an e. fellow when you THE REGISTRATION NOTICE. Notice is hereby given that the books of registration for the Town of Newberry, S. C., are now open, and the undersigned as Supervisor of Registration for the said town will keep said books open every day from 9 a. m., until 5 p. m., (Sunday ex cepted) including the 1st day of De camber, 1907. Eug. S. Werts, Supervisor of Registration. NOTICE. Notice is hereby given that we will make a settlement on the personal property of J. W. Humbert, deceased, in the office of the Probate .Judge fQr Newberry county on Thursday, the 10th of October, 1907, at 11 o'clock, a. m. M. M. Humbert, Executrix. Jno. M. Kinard, Executor. Sept. 9th, 1907. CALL AT The Herald and News office for school supplies. How to Remain Young. To continue young in health and strength, do as Mrs. N. F. Rowan, Mc Donough, Ga., did. She says: "Three bottles of Electric Bitters cured me of chronic liver and stomach trouble, com plicated with such an unhealthy condi tion of the blood that my skin turned red as flannel. I am now practically 20years younger than before I took Electric Bit ters. I can now do all my work with ease and assist in my husband's store." Guaranteed at W. E. Pelham & Son's Drug Store. Price Soc. HAVING DE( Cred [-ERE, WAS . FIO PAID HIS I to make -this A obe to our adva Scustomers.. WI fit to make good a few prices to s Sup, our prices a 3oods! ....... .... .-. 5c. yd. _____8 1-3c. yd. .. 10 and 12 1-2c. yd. _____15c, yd. ....12 1.2, 15, 20 and 25c. yd. , 10c. yd. ....25c. yd. ......$ 1.00 yd. cheap at $1.25 ..........c. and up. ...-0 to 25c. each. ....... . c a spool. SWatchesl the town of Prosperity. r grades in proportion. upply your wants in all lines. 3d to give the bu ey will give us ti tra profit to me buy of us. ors with bargail SE SE. Prosper THEO. LABRAY's Ladies' & Gents' Ice Cream Parlors We make and deliver on order the FINEST ICE CREAM on earth. Every variety. Vanilla, Chocolate, Straw berry, Peach, Pineapple. Rich, Pure, Refreshing. Finest Quality Flavorings,Rich est Pure Cream, Freshest Fruits, skillfully put together in spotless surroundings. Phy sicians recommend Ice Cream for the young, the weak and the old. So that Ice Cream like ours should win us medals big and bright daily. Try our superlative ICE CREAM to day. Phone and have some de livered to your home. Worked Like a Charm. Mr. D. N. Walker, editor of that spicy tournal, the Enterprise, .Louisa, Va., jays: "I ran a nail in my foot last week and at once applied Bucklen's Arnica salve. No inflamation followed; the salve simply healed the wound." Heals sores, burns and skin diseases. Guaran Seed at W. E Pelham & Son, Druggists. IDED THAT it Syst A BURDEN 1 OBLIGATIOl CASH STORE ntage, and we ki Ken you buy fror the loss on the f how how, on a c .re coming down. Clothing! We are prepared to give you in Clothing than any poncern of Boys' Pants from 25c. a suit an Men's Pants $1.25 a pair and u Men's Men's Suits $5.00, $7.50, $10.1 We've got the goods and pri, Give us a look. Shoes! Here we can do you much gc Children's Sh e _.............. Women's Shoes . ..--..... Men's Shoes ............-.................... All goods from the farm wear If you don't look us over you ying public mor ieir trade. Reme ke good the los isfor all, BIRGE ity. S. C. OPERA HOUSE EARHARDT & WELLS, Lessees and Managers. Thursday, Sept. 26th. J.A.COBURN'$ Great Minstrels. Bigger and Better than ever. They always please. Seat sale on at Newberry Hardware Co., Phone 61. Saved Her Son's Life. fThe happiest mother in the little town fAva, Mo,is Mrs. S. Ruppee. She wfites: "One year ago nLy son was dowu with such seious lung trouble that our physician was unable to help him; when, by our druggist's advice I began givig him Dr. King's New Discovery, and I soon noticed improvement. I ketthis reatment up for a few weeks when was perfectly well. He has worked steadily since at carpenter work. Dr. King's New Discovery saved his life." Guaranteed best cough and cold remedy 0 THE MAN from this datea aow it is to the n us you don't ellow that don't :ash basis, with9 -Clothing! bigger values for your money fering goods here this season. 4 up 3oys' Suits 75c a suit and up. Corduroy Pants $1.25 a piir. 0, $12.50'and $15.00 a suit. ces and thsy must be sold. Shoes! od and save you lots of money S....25c. to $1.00 a pair. .........l ..........99c. to $3.50 a pai-. ...........$ .0to $5.00 a paIr, to the nicest Patent Leather. will lose money. e goods for the ~mber, you don't s on the other ECo,