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TWO COURT DECIDES NEW COUNTY CASE .PETITION roR MADAMUS AS BEEN REFUSED. Gov. Ansel Upheld-Supreme Court Held That His Excellency Did Right in Dismissing the Pe -tition. The State. The State supreme court yesterday dismiissed the application for a writ of man us 'om:pellin2 (ov. \nsel '4v I tlaI l. dri n the last da. s of Go\. Heyward's administra tion. a petitioll was presented for the ,election of a new county to be formed 'amI I portions of .d2elicld and Aik en and the .>pponents of the scheme 1aimed that this was the same terri tory as was contained in the proposed outy of Hevward which was de Yated in 1906. Gov. Ansel, after a reain-r. declared that while there -mihi? be s(fme differences in the on11a-v linie- the ferriory was p ~a(l iyte same ted accordingl new m' 'tintyv to eolwpel the governoi to order the election and this decis ion dismisses the 'petition, holding that Gov. Ansel had a right to tak< this action. a purely ministerial duty The decision in full, written by As -sociate Justice Woods, is as follows "This is an application for a wri ,of mandamus requiring his excellene: -Gov. Ansel to order an election o1 the question of formation of a nei county. We shall not enter into th 'inquiry whether this court has th power to issue a mandamus requirin the governor of the state to perforz -a plain ministerial duty because, i ,ur opinion. the petition does nc show any duty. which the zovernc .has failed to perform. "In January, 190'7. the relatoi filed a petition with his excellene Gov. Heyward for the creation of new county out of portions of Edgi 'field and Aiken counties. -The di seription of the territory to be i: -cluded in the proposed new couni w~as on its face general and appros ;mate and concluded with this stat snent: ' The foregoing description ar boundaries are intended to cut off ar ~1nclude not exceeding 135 squa: uniles from Edgefield county, a.nd n <exceeding 235 square miles from Ai .en county; and to that end at at 'iime before final survey and locati< may be varied, changed or amend< by the commissioners acting in b 'alf of the proposed new county, a pointed pursuant to an act approv the 21st day of February. 1905, thi being hereby constituted and appoir ed attorneys in fact of petitioners f that purpose, the power given the to amend or change the lines or c scription being ancillary and not e einsiv'e of' petitioners' right to amel this petition at any tiine.' Cov. Heyward. under the act February 21. 1903. appointed comm 'sioners to investigate whether the ~quirements of the constitution 'as area. distance, wealth, populati etc.' had been complied with. St sequently. the petitioners petition Gov. Ansel, who had sueceeded G< lerward, to be allowed to amend t petition by substituting for the g 'eral description an exact descripti 'of the territory to be included eourtses, distances and boundar shown on the plat. When this apj eation to ~mend- was mad 4. op1 -nents of the new county scheme fi an answer to the petition in wh they alleged the proposed new col tv to be substantially the same as proposed new county of Heyw. which had been defeated at an el tion, held in December, 1906. G Ansel, after hearing argument fr both sides. allowed the amendme but dismised the petition on ~round that while there was a ' ~nzion~ in territory of about 50 squ rfes, nevertheless the proposed county was substantially the sam( the propesed new county of Heyw and. therefore. under the consatui no election could be held in less t four years after the election at wi the proposed new county of Heys oad been' defeated. In Lamar . roftt, 73 S. C'. 407, the decisior the question whether a proposed county embraces the same terri as one voted on within four years fore was held to be given by the stitution, exclusively, to the 20 nor. "The position taken by the -nr i that when Gov. Hrvr ,eriainecd ile Ori,iiial prop3ositionl and18 appointed a commission under the stgtute to investigate wheoher the requirement of the constitution as to d area, distance, wealth, population, * etc., had been complied with, he nec essarrily adjudged and determined that the new county was not the same as the proposed and defeated new county of Heyward. "This position is entirely unsound. It is important to observe the coml mission is nothing more than ma chinery provided by the General As sembly to aid the rovernor in the I iierfornnee of the t s on io 'oAcIl:J D ~ ' 11!1klecii-l have b. e-I are o1V for his infema:i1. It, s not ncvci..sary for him to a' -I- any thinr before appointing a eomm=ssion of meestigation. InIeei. his dees- E 0ion as to -.;mene a well as to other cnstitutional 1uetiOns nY well de pend entirely on the Infornation af i orded by the investigati)n and re- I por. of the commission. 4 'The order of Gov. Heyward, ap pointing the commission. by no means . 1 gi.l even an opn-..1 that the pr - p rew covnty wa nM slt1 -1l v fthe same as the l1-Ood new eV(I to leave that qnestiol t be " eded along with the others as to com pliance with the constitution after 4 the general description of the terri tory had been verified an3i made more certain by the investigation and re port of the commissior.. "We are not called on to decide 4 t whether the governor" o.de.r for a new county election is irrevoenble but certainl n-il the ordr fr n 'vt e tion has -.n made, there is n) wai rant the constitution or ihe stat e ites for t'e courts to hold the gover- { nor precluded from reviewing his own conclusions or thcse of his pre decessors in the ligh.t of the informa tI tion afforded by the commission pro r vided by law to furnish it. At least until the election is ordered, ill con -stenmplation of law, the inquiry as to y' the compliance with all the constitul a tional requirements is pending before the governor. The judgment of this court 1s that the application for mandamus be .Y refused.'' ePASSENGER TRAIN Ld WRECKEID AT UNION Heavy Rail Had Been Placed on the Qt Track by Some One--NO One Killed but Several Injured. Greenville News. aUnion, Oct. 5.-Nerthbounid pas e- senger train No. 13 on the Columbia P~ and Asheville division of the Sout'1 edIern railway was wrecked a few min iit es after two o'clock this afternoon, t- six miles above here. No one was orkilled in the wreck but a number were badly shaken up and had not eEnineer A. L. McCoy and Fireman XWill Graham jumped from their en d inne it is more than :likely they would have met death. The cause of. ofthe wreck is supposed to have been is- the work of someone with criminal e-- intentions.. An S0 p)ound rail had been to put across the track and when the enine struck this it was immediately Ib-derailed and fell on its side into a ed cut. The mail and baggage cars were >v. dumped in beside the engine. ite da coaches the passengers mscarely knew an accident had taken on lae biut in the cafe car things were by strewn at random. Ehe baggage and es mail matter in the cars were badly E damaed. JoEngineer White. who operates a Led siifting engine in the freight yard icch here, states that he put off a hobo in- who was riding his engine near the the point of the wreck a few~ minutes mdd before. The officers are on the look ec out for this man. ov. An examination showed that the omm rail which had been undoubtedly plae mnt, ed on the track was driven seven thhe feet into the cut bank. The engine -ar- is literally torn to pieces. It is re arre markable that the passengers were rw not injured to a greater extent as a the train was going at a rate of forty ard jmiles per hour. ion __ _-----__ han NOT A CANDIDATE iich SAYS GOV. JOHNSOI3 vvs. Minnesota Man Makes Statemeni Sof About Democratic Party-W. 3. newBransPosition. hory St. Paul, Minn.. Oct. 5.-Governo' be-e Johnson made a formal statement to eonfla d 'that he is not and has not beer X er- a candidate for president. He als( ta'tel that he knows that Win. .J 400 Io/ NewberrY,s. C. ,C Dear Friend: Idon' ts ne hro w macaron. /, de t Dr ren d:T got -,h& . says this is a goc cause it wont 1umF p stomach. b And my, how gooc I with a little cheE over it,;and they 12 1-2 cts. a poun and 20 cts. a poui fresh cheese. Your fr P. S. You cayl al macaroni and chee - JONES' Fant'c Great Deport~ , MOSELEY WHAT IS E( Economy is a frugal and judicious 1 which spends money to advantage. E great bargain sales. We have just returned from the N< the market and securing many excelk for the public to inspect our immens store. We have the new things, the Prints from 5c. up, White Homespun up, comiplete line of Dry Goods and n double width, at Soc. is a great barga Youths' $2.50 to $ro.oo, Boys' from things in Hats and Caps. -Prettiest have ever had. Our experienced Noi from the North, and our immense sto ready for inspection, embracing the n immense line of Furniture is now rea< Groceries, Hardware, Crockeryw are, is now c.omplete. We have added a i ters, and the bargains contained on ti pe wonder how we can sell good? so < 8 lbs. best Granulated Sugar $1 .00. Machine $a5.oo, new :Defender Machi for 20 years. We have only two Org make special offer, $4.2.50, elegant to: the old reliable Iron King and Elmo best on the market. For every five< choice on our bargain counter. Just received our 33,d car, making: and while it lasts goes for best paten every barrel guaranteed to give satisf MO)SELEjIY BB Prosperity, S. C. HARLESTON & WESTERN CAR-l OLINA BY. Schedule in effect June 9th, 1907. Lv. Newberry(C N & L.) 12:46 p. m. Ar. Laurens 1:52 p. m. Lv. Laurens (C. & W. C.) 2:15 p. m. Ar. Greenville 3:40 p. m. Lv. Laurens 1:58 p. m. Ar. Spartanburg 3:30 p. mn. Lv. Spartanburg (So. Ry.) 3:40 p. mn. Ar. Hendersonville 6:25 p. m. Ar. Asheville 7:30 p. mn. Lv. Laurens (C. & W. C.) 2;00 p. mn. IAr. Greenwood 2:56 p. mn. > Ar. McCormiek 3:55 p. mn. . Ar. Augusta 5:40 p. mn. PuDann baer Com between An nder 41 ct.1,1907 hey mak e s ee- h C.T. theY d tning bE - in your macaroni is ' se sprinkled are cheap to.o. i for macaroni .d for nice iend, Jacob. vays get fresh se at ;ROCERY. Old Stand, O N Y rthern marketafesarhn trgis.W aotre o ed :soin our gra4eprmn nieths,te cheap t hings tio.r marilBodlt ienod6oo,ewad ob neayRs et frs Sqaesw thern Milnrhsjutrtre :wlad Sptandat thng.O: yrfor iseti. Sutoe ew ofetr mony-ha oc.ana25.mcon tern rketsn afersane beargn. Weto a nw pead) New up Chekd omespun Sein nsf, tOIpra closeahemlothw es, o $6.00 wut Whand nb cofings atv,bnd oSure th ollar Miline trae jus gvfreeurone ,65 ofbfs.hioabe Millnerysee Flov $5.25,u bet hafdatehns O4.6 lyfrnpction. thehabtocont -ileuMns, aiednas and Fdew1 Noe: Tre inbove andivals andId iarues, is creatin asecnnctions Pel heapW cmpanti a fiew sinfo neo, d had, $not gaantee Eroa ndeslnt. Wliand 2ckig toe,beonAut Ga. ~ bbs. hoieo Tnese Bryan, L $.25 bst alfpeenite .6C. BaSTn PEGILpato the fcminget Fh,,da a Surdasomee Ash5e REGISTRATION NOTIL Notice is hereby given that the >oks of registration for the Town of ewberry, S. C., are now open, and e undersigned as Supervisor of egistration for the said town will eep said books open every day from a. m.. until 5 p. m., (Sunday ex -pted) including the 1st day of De ember, 1907. Eng. S. Werts, Supervisor of Registration. TEACHER WANTED. H IIe 15th) It ~~;j~~~ 0ld n~rav$L er anut>. eho1 to run 7 or S months. :l applieations to be sent to the un lersi2ned truslees. C. A. Brooks. F. C. Salter. Henry Workman. CAL] 111 AT HERALD Box Paper, Tablets, PE Pens an Soap Fi In fact anything yo CIGARS AN Don't forget to ci They are also agen1 Laundry. NOW IS THE -: l J amestowi It is complete in e' War Path.-Air S Will interest and Instruct you beautifully illustrated folder C( list of hotels, etc., write W. J. CR AIG, P. T: M., Wilrington, 19 C. ATLANTIC The Short TI VERY L( NORFOLK Accout Jamfestown SOUTHER 3,Season, Sixty Day and daily, commenCing Apr vember 30th, 1907. Very low rates will alsc bBRASS BANDS in un STOP OVERS will be and Fifteen Day Tickei ist Tickets. For full and complet' |Agents Southern Railw JAMESTOWN EXPOSITION. Rates from Newberry S. C., as fol lows: Season Ticket $19.55. Sold daily April 19th to November 30th. 60 Day ticket $16.30. Sold daily April 19th to November 30th. 15 day ticket $14.30. Sold daily April 19th to November 30th. Coach Excursion $S.55. Sold each Tuesday; liiit 10 days. Endorsed. "'Not a,-od in parlor or sleeping K t l t~ ai'lroad comipa.1f va-I , Ir a!y intrtea t on,Address, T. C. White. General Passenger . Agt. W. J. Craig, Passenger Trffic Manager, Wimington, N. C. LON THE &NEWS 'OR ncils, d Ink, Pie Extracts, &c., &C. u need along that line, LSO D TOBACCO. dl on them. :s for Charlotte Steam TIME TO VISIT HE : erv cepartment. The hipNaval Display .Do not fail to go at once- For ):taining maps, descriptive matter, T. C. W HITE, Gen. Pass. Agt. COAST LINE wough Car Line. )W RATES TO... AND RETURN Terentennial Eposition VIA ... N RAILWAY Fifteen Day Tickets on sale 1 19th, to and including No be made for MILITARY and iform attending the ExpositIon. . allowed on Season, Sixty Day s, same as on Summer Tour Sinformation call on Ticket ay, or writeI R, W. Hunt' Division|Pass. Agent. Charleston, S. C