Historical Newspapers of South Carolina

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STOLEN BONDS ARE GOOD. Nourt En Bance Upholds Their Val dity-Court was Divided Seven to Six. News and Courier. Columbia, September 27.-Th -t-urt en bane tonight filed a decisio upholding the validity of the stole state bonds, the court being divide 7 to 6. The bonds involved are ti following, though only one of thei was mentioned in this case: $500 bonds, Nos. 153, 231, 371, 78: 595 and 1,477; $1,000 bonds, No 567, 1,17S, 1,899, 2,525 and 3,778. The court sat en bane today, cal ed for the purpose of hearing the ai guments on two cases in which tb supreme court justices had evenly d vided. In such cases, where th case is heard on appeal, the decisio of the lower court is affirmed unles as in one of the cases heard toda: there is a constitutional point invo ved. But when, as in the state bon case, the case is brought in the orig inal jurisdiction of the supreme cour it is necessary to call the circui judges to sit with jusices. All the members of the suprem court were present and all the ju.dge of the circuit court except judg Aldrich, who is on sick leave. Chie Jusice Pope and Associate Justice Gary and Woods occupied the usus seats of the supreme court, while be low, within the circular desk, sat th following circuit judges: Dantzler, * the 1st: Wilson, of the 3d; Watts, o the 4th; Gary, of the 5th; Gage, o the 6th; Hydrick, of the 7th; Klugl of the 8th; Memminger, of the 9ti and Prince, of the 10th. There bein division was impossible. The argument for the relator, Ei ward Ehrlich, of Columbia, in th bond case was made by Mr. W. T. A3 cock, of Columbia, while the Treasm er was represented by Attorney Gen eral Lyon and Mr. J. William Thm mond, of Edgefield. The case is an application for writ of mandamus to compel th state treasurer to exchange a cei tain state bond for a certificate c stock. It will be recaled thbt number of state bonds, returned fc cancellation, were not cancelled b the 'h,.d clerk, Daniel Zimmermai as red red by law, but were agai put into circulation by Zimmerma and evenutally passed into the hand of innocent purchasers. Mr. Ehrlie came into possession of one of thes bonds and presented it for exchang for a certificate of stock, the es change being refused on the groun that the bond was null and void, has ing been cancelled and fraudulentl reissued. The case was brought t test the validity of this and othe such bonds, a description of whic has been advertised in the publi prints by the state treasurer. No Cancellation Marks. The opinion of the majority is writ ten by Associate Justice Jones and i concurred in by Justict Wood ani Circuit Judges Watts, Gage, Dantzlei Memminger and Wilson. After stat ing the facts the opinion goes on t say: "No marks to indicate cancella tion were ever placed upon said bond although the statute expressly decalr ed that such surrendered bond sha! immediately, upon such surrender, b, cnclled and filed by the state tremA *nrer with the permanent records o: his office. It is admitted that rela tor is a bona fide holder for v'alu before maturity -and without notice The general rule of law is that thief of personal property canno convey to a purchaser, however in peocent, title to the stolen property a against the real owner. But from thi highest considerations of publie poli cy the law exceets fro mthe rule ne gotiable intsruments acquired in goo< faith before maturity and without no tice, and makes the title of such hold er good aaginst the world.'' The opinion goes on to say tha "the state bond cases, 12 S. (Y., shos that a coupon bond of the state, vali< in its inception, is -a negotiable secur ity, and the state issuing such nego tiable paper incur's the same responsi bility which attach to individuals o corporations in such cases. "There is no question that th bond in question was not valid whe> originally put in circulation, and i being admitted that relator is a bon; fide holder thereof at this time, hi title .ean in no wise be affected b; the surrender of the bond to th treasurer by some antecedent holde and the subsequent theft by means o which it was again put in circulatior The method which the state ha! adopted to take such bond out of cir culation, by cancellation, was no complied with by those intrusted wit: that duty by the state. The directio: to cancel surrendered bonds was de signed to prevent the very possibilit of the sate ojicers to COmply cannut be treated as a circumstance of no i- consequence, for the absence of marks of cancellation make it possi ble for the thief to put the bond in circulation.'' Justice Jones considers the authori e ties cited, and especially notices the 1 Virginia case quoted in the respond n ent's argument, and then goes on to d say: "The real point of inquiry is, e admitting a valid and strictly negotia K ble paper in the hands of a bona fide holder before maturity. how far can 3, intervening circumstances affect the 3. title of the -holder? The general rule is that payment before maturity is . no defence against a subsequent bona fide holder for value before maturity. e It is the duty of the maker paying .. the commercial paper before maturity ' e to take reasonable precaution to pre n vent its restoration to circulation by t D, accident to fraud." Numerous cases f r on this line are cited. L- State Responsible for Agent's Acts. s d Further on Justice Jones says: a "The principle that bona fide holder c b cannot acquire title where there is s t absolute want of power in the stat.e e or its officers to issue negotiable pa- c a per has no application in this case, t s the bond in question having been ori- b e ginally issued by due authority. The s f holder is not claiming by any reissue r s of the bond after its redemption, but t J by virtue of the original issue and -a - his relation to it as a bona fide holder e unaffected by intervening facts. The t f claim is not that the treasurer or any b f one in his office had power to reis- S f sue the bond, but that he was charg- a L, ed with the duty to keep out of circu- t 1, lation by cancellation and that his failure to do so was the state's fail- C ure. It is true the doctrine of estoppel a in Pais does not apply to a sovereign I e state, and that the state can only act r under its constitution and through E the legislative enactments, and that, a - therefore, contracts cannot be creat- a ed against the state except under sanc- t tions. But here we have a bond of t a the state issued by due authority of t e the legislature which the representa- c tives of the state failed to cancel, as I f directed by statute, and which is now I a under the law merchant the property I r of the relator. It may be further said E y that the right of the bona fide hold- a i, ers of commercial paper under cir-. n cumstances like these does not rest n wholly upon the law of estoppel, but s is grounded upon high public policy Ii which is subserved by making him e secure in his title." e The argu.ment that to recognize the ~ :bond will be to increase the debt of a the state illegally is noticed in the -opinion and disposed of as follows:t y "It is urged in behalf of the res o pondent that the recognition of the ' r bond in question as a valid debt of a the state, when it has already been e redeemed by the issue of stock in exchange, would result in increasing ~ the debt of the state in violation of - the constitution, Section 11, Article s 10, which forbids the general assem I bly from creating any further debt ~ -, or obligation without first submitting1 - the question to the qualified electors, ~ > etc. As declared in Whaley vs Gail- 12 - lard, the obpect of the similar pro- ~ , vision in the constitution of 1868 was b - to place restrictions upon the powert Iof the legislature to contract debts. It a Shas no application to a case like this. ~ 1The bond in question in the hands o the relator is no new debt attempted 1 to be created by the unauthorized act a of some officer or even by the judg- a ment of a court, but represents the old debt provided for in the statute, ~ authorizing the issue of that series of bonds.n Having thus establishaed the rela. t ton's title to the bond, the opinion C considers the method propos'eal to comn pel the recogaition of the bond and n Iholds that there is no other adequate C -legal remedy than mandamus. It is -therefore ordered that the writ should ~ issue. a2 tAll Stolen Bonds Valid. t r *The effect of this decision is to ' I recognize the validity of all the bonds ? - which were stolen from the office of 1 - the state treasurer, and the treasurer a - will be compelled to exchange them C e for certificates of stock when present ed by the holders who prove their s a honest title thereto. tl i Action will also be begun to re- e t .cover the amount lost from the three i i state treasurers, Bates, Tim.mermana c s and Jennings, or their bondsmen if t< r necessary. It is very likely, how- il e ever, that these three gentlemen will h r make good their respective liability s e without litigation. u .Those dissenting are: Chief Justice it I Pope, Associate Justice E. B. Garp -and Judges Ernest Gary, Klugh'jn t Prince and Hydrick. iThe dissenting opinion by Eugene0 1 B. Gary. after reviewing the history - of the case, says that the first ques- t tion is on the rizht of mandamus of g IoWOYTOMI, MO ow SCENE FRoM HU j OPERA HOUSE ord, treasuer, where the court held hat mandamus will only lie to en orce a ministerial duty, not a dis- I retionary duty. T14 opinion then i ays that when a bond is surrendered E .nd a certificate of stock issued in ex- i hange, it lost its legality as a sub isting obligation of the state and 1 ancellation was not a condition pre edent upon which the validity of he certificate of stock, which was to t e issued in exchange, depended, and t uch requirement was required sim- ] ly to prevent fraud after transac- t ion between the holder of the bond j ,nd the state had terminated. "The question,'" the opinion con- s inues, "whether the petitioner is a ona fide holder is not ministerial but trictly judicial in its nature, and the ction of the treasurer is not subject I o review by this court. The attorney t eneral, however, did not u:ge this I uestio1 nor the question as to the etual notice the holder had that the ond was not good, and however the ght of the triasurer to issue a certi cate of stock is a question of power I nd must be determined under the 4 ct of 1892, which elearly shows that he legislature had under. contempla- i ion but one issue of stock for a i iond, and the treasurer is not auth rized to make a second issue.'' The iond .debt cases are quoted to up old this, where the court held that onds in the hands of bona fide hold rs can only be regarded as valid lebts. As to the issuance of additional tock Justice Gary holds that if the Let be construed that way there vould be no reason why there should tot be a third and fourth issue. The ase as quoted above, that bonds is ued without authority of law are oid even in the hands of bona fide tolders, is clearly law. The opinion hen holds that if the duty enjoined tpon the treasurer to issue a second ertificate is not ministerial the court as not power in mandamus proceed ags and the action is in effect a suit gainst the' state, whieb is unconsti uional. Marriage in the Catholic Church. 'ablet. Christian marriage is not a man rork but a God work. It is not mere 7 a covenant of two between a man nd a woman who take each other, at a conenant of three-the man and ie woman and God, who joins both. nd accepts into His own immutable and the consent of both, and seals ;by an infusion of the Holy ,Spirit i ito their souls. Christ has thus el ted the contract of matrimony into sacrament of (Christ act, one in hich He Himself is the united, bind ig together two souls in a bond ~hieh is a type of the union be- t ,en Himself and His church. Hence i 1e unity and indissolubility and san ity of Christian marriage, in which s od Hiiaself joins together what man S ay never dare to put asunder. As od % work it is God alone who can - ake it or nmake it, and as a sacra ent of Christ it belongs to Christ nd to His church to fix the condi ons of validity unier which that ork shall be effected. The work is a aramental union of souls, and by s very nature a matter of morality nd of spiritual relation of souls to ad and to each other. In the creation of suth a bond the tate, whose province is purely in ings temporal, can have no possible ompetence. The state may indeed by ;s legislation declare what are the onditions under which it will accord > marriages civil recognition and civ Seffects as to eivil status and in eritance and other temporal con equences, but over the making or nmaking of tht marriage bend itself :has no control. It cannot make two ersons man and wife before God; either can it unmake them. The state f its own authority can no more s iake a marriage valid or invalid in bie eyes of Christ than it can for- 1 ive sins- or offer the saerifice of the mons osam -en . Am ma pr( in I '{ Ne 'lot .a10 CA AEou [AN HEARTS." TO-NIGHT. "Human Hearts." The forthcoming visit of "Human M iearts" will no doubt be warmly velcomed by the lovers of all that is ne ood in melodrama. "Human Hearts" an s beyond question, one of the strong- Ch st and most interesting of plays that uas ever visited our city. The auti r belongs to that all too small group W1 )f dramatists, who understand how ter o reach the heart and hold the at ention of the audience. In "Human Eearts" he has constructed a play Iti hat will never grow old. The princi- to )le theme of the play is 'Hope,' and tas not some author written "Hope prings eternal in the Human breast.'' Hope,' the one bright ray of sun hine that breaks through and illum nes the clouds of despair that al aost overwhelms poor 'Tom Logan'; he 'Hope' of a good, pure woman's 7 ove; the 'Hope' of bright,r days, the stre Doi Hope' of an honest man unjustly bot .ecused of clime, that the criminal chr rill be detected and his good name Pli tioC estored. The author has handled, 4 is subject with consumate skill and yot ase(that shows.the true dramatic in- ter tinct. The love interest is all as Lbsorbing. The comedy element is Drt ntroduced in such a way, that it be omes relevant to the story, and the imaxes are worked out naturally ' ind logically. of I "Human Hearts" will be seen at wi he opera house Tuesday, October 1. hy Every bride should possess a lot of. soo >atience and a cook book.tr stei JAMES,TOWN EXPOSITION. Kir Gua Rates from Newberry S. C., as fol ows: -n Season Ticket $19.55. Sold daily Lpril 19th to November 30th. 60 Day ticket $16.30. Sold daily Lpril 19th to November 30th. 15 day ticket $14.30. Sold -daily Lpril 19th to November 30th. 0 Coach Excursion $8.55. Sold. each * [uesday; limit 10 days. Endorsed.* 'Not -good in parlor or sleeping * Througn Pullman sleeping cars, via ttlantie Cost Line Railroad company. Write for a beautiful illustrated0 older containing maps, descriptive * ater, list of Hotel, ete. For reservations or any informa on, Address, T. C. White, General Passenger Agt. . J. Craig, Passnger' Traffie Manager, Wilmington, N. C. Worked Like a Charm. Mr. D. N. Walker, editor of that spicy* urnal, the Enterprise, Louisa, Va., ys: "I ran a nail in my foot last week* 2d at once applied Bucklen's Arnica _ lve. No inflanmation followed; the lve simply healed the wound.'' Heals res, burns and skin diseases. Guaran ed at W. E Pelham & Son, Druggists.* sa sooting,Ihealing balmceenalnng 10 drugs having a narcotic effect. It0 ~lensee, Valuable not ony for CATARAH bt relieves colds, throat troubes ay fever, "stopped-up" nose, etc. We Ogarate Satisfation.* Bqg s go cent tube of NOSENA fro'm 7. G. Mayes & Prosperity Drug Co.. ndgetyourmoney backifnotsati4aed, smple tube and Booklet by mail Ioe.W BROWN MFG Co.. tLout., Mo. Greenevile.Teaa. Found at Last. J. A. Harmon, of Lizemore, West Va.,* ys: "At last I have found the perfect IA illthat never disappoints me; and for ie benefit of others afflicted with torpid ~ ~ver and chronic constipation, will say: ke Dr King's New Life Pills." Guar teed satiafactory, 25c. at WV. IE. Pelham : Son, Druggists. 0 NOTICE. Cotice is hereby given that we will ke a settlement on the personal iperty of J. W. Humbert, deceased, the office of the Probate Judge for wberry county on Thursdayi the h of October, 1907, at 11 o'clock, I. M. M. Humbert, Executrix. Jno. M. Kinard, Executor. ;ept. 9th, 1907. LL AT The Herald and News office or school supplies. c n gew Market. r w [ have opened a first class F ,at Market on Friend street, is Kt door to the Observer office, it : am prepared to furnish cl Dice meats of all kinds. bi All orders entrusted to me O1 1 receive my personal at tion. ,ome to see my market. T s the cleanest and most up date market in Newberry. J. A. WRIGHT, P Friend Street. cc Phone 232. How to Remain Young. T1 o continue young in health and ngth, do as Mrs. N. F. Rowan, Mc iough, Ga., did. She says: "Three bles of Electric Bitters cured me of Dnic liver and stomach trouble, com ated with such an unhealthy condi t of the blood that my skin turned red lannel. I am now practically.2o years nger than before I took Electric Bit- M . I can now do all my work with sh and assist in my husband's store." Lranteed at W. E. Pelham & Son's Pe g Store. Price Soc. I Saved Her Son's Life. he happiest mother in the little town Lva, Mo., is Mrs. S. Ruppee. She tes: "One year ago my son was down P( such serious lung trouble that our sician was unible to help him; when, )ur druggist's advice I began giving i Dr. King's New Discovery, and I 1 noticed improvement. I kept this o' tment upfor a few weeks when he 4 pretywell. He has worked disince at carpenter work. Dr. Le g's New Discovery saved his life" iranteed best cough and cold remedy O W. E. Pelham & Son, Druggists. 01 ,and $t.o.~ Trial Bottle free. 7 p@O@@ Nebrr,S.C getthehol ,q,~@~ini says this is a go cause i t wont lumi stomach. And my, how goo< with a little che' over i t ,and they 12 1-2 cts. a poun and 20 cts. a poul - fr esh cheese. Your fr P. S. You can al macaroni and chee JONES' ( Fant's You have no idea how deli ous candy can be, if you've ver tasted ours. The art of aking and buying candy has ached the point of perfection ith us. If URE, FINE CANDY what you desire we can give to you. A sample of our ocolates, walnut kisses. :nut ittle, and a hundred and one her varieties will convince >u., THEO, LAMBRY, he up-to-the-minute Confec tioner and Fruiter. >itively the only big show ning to Newberry this year rueday, Oct. 1st. w highest class exhibition in the world Twice Daily--2 and 8 P. M. >re educated animals than all other Dws combined. 50 new acts by 5oo rfectly trained Four-footed Fun-fur. her,, The Marvelous Juggling Norman. The Wonderful Flying Zeraldas, sitively the greatest Feature Acts ever seen beneath a canvas. BEAUTIFUL ALL NEW [REET PARIADE-Dun't MIss ft ~aves exhibition grounds x0:3o a. m. i ticket admits to everything. Doors - en for inspection of Menageriest i and p. m. eT0,co rem'md 3ct.1, 907 they mak t se howthe rerhep too d fo~r ic Oct.d, 197 L.e doto Od tnd.~