The herald and news. (Newberry S.C.) 1903-1937, October 08, 1907, Page TWO, Image 2
COURT DECIDES
NEW COUNTY CASE
;
PETITION TOR MANDAMUS HAS
BEEN REFUSED. '
i
Gov. Ansel Upheld?Supremo Court
Held That His Excellency Did
Right in Dismissing the Petition.
I
The S| ;i| c.
I lie State supremo court yesterday)1
dismissed the application for :i writ <
?l Miamlamu- i?iii|?.-lliiiv (;,lVt
' i ?! '(* I'm- :li| ,.|i jf111 lor '
1 'n' ' " 'mi v. !'i.rn .'1 iinf i.t' ! ;,1
' AiiM-ii. i
1 1 ?'?? l;jrjr in ijt ,|,j 1
I'm1 (|> 1
i! i.,r! j'.,,. I
*^ ' ii -.vill ii?- i
' 1 1 " :? Iil?inI lie !;r | '
d.n ? ul I 11 \ \\ ;i 111 v adhiillist la 1
1 ;l |'''I iI i<111 Wiis presented fi?r I lie '
"I' I \ I.. be formed '
i" ..I I- ! i-ti I I and .\ii, '
;""1 1|"' "PP""e:its of i!,.. self rn?> ,'
1 hat I his wa..> ;|,o same |, , ri- , I
<m\ a- w:i< <-<hi 1 ;iiiii?(| j? ?>u> |?r<?|u>sc?I
I ley ward which was ,|e- j!
" liov. A used, after a i
" "l"--. d'*id:i red I li;i| while I lu-rc'
"" :?i -"Ml- <liI I. r,.,!< ?.> i,, 111,. ; !
1 " !:r x lln'' l. ri ii..r\ xu is
; :,'!<! |V
\1 ? ?f? ri w.i >
' I "*l ihe . i \ i n 11 ,r
10 'I'" elect i"M .-ind this de-is
di-n.is.sos II,,. pel i| in,). hohliiuri
thjit <mv. Ans.'l li;id a ri?ht to take
tins net inn. ;i purely mi nisi <>rin] duty.
The decision in full, written by Associate
Justice Woods, is as follows:
" Phis is an implication for a writ
of miuidii.nuis re<|iiirinir liis excellency
Ansel lo order an eleetion on
tiie <|iii>stioii ul' formation of ;i now
county. W < shall not ?>ii(?>r into the
iuijuiry whether this eoM,l has the
fiower In issue mandamus re?|uirinulhe
'jovernor of ||,e slate I., perform I
' ministerial duty because. in i
"P'"M?". III.- pel it imi does n..| '
d...u any dutx which the -oven.or
ha- tailed In perform,
. " 1,1 l:i"Mary. l!MI7. ,|M. relators
Mle.l a p.' I i I i?,i with |,is excellency |
?!"v. I ley ward f,,r the creation ,,f a I
new county out of portions of l**diio- I
field and Aiken counties. The de-I
;>,'i 'pli"n of 11|(. territory to he in- '
('l"dei| in l he proposed new county |
>vas ,,,, ,|s y,JV|,p|.,,xi_
na.r .III,I concluded with lliis state- .
I "? f??'v.voin.v description and
honn,lanes are intended to cut o|T and
hi,-In.le not exceed'ni- Isquare
.miles I roin I'.direlield county, and not j
xreedin- 'J.'J.'i si | n a re miles from Aik
; and to il.al end at anv j
""" ''' I "' e linal survey and location 1
mkiv l?. varied, dian-cd amended
?.v I lie commissioners ad in- in |,e- |
l,u' proposed new count v, ap-j'
P"""?''l piii Miai,' I,. ;l,., approved 1
i he JNi day of February. If>fthev
11ere!iv constituted and appoint',
'd allorneys in fad <.f petitioners for
i hat purpose, the power -iven them
>o amend or .dian-e i lines or ,|e.-.erip:
11 'leifi-: .-im-illarx and not
>du-i\.. o! ??e i! I i,,'i I'rs ' civil I lo amend
<h:> pel it i, in at :,nv lime.'
,:"x- I le\ v. a r.l. miller the aet of
Fehrnar\ -J|. minis- !
Mo"er> to inventi-^aIe wiiether the re- j
liiMeu'ent< ,,r ii,? constitution *as to !
:n-c:i. di-Man,-,.. wealth, population.^
had lieen eomplied with. Suh- '
scijuenl ly. ih,. petitioners petilioiied
tlov. Ansel, win. had succeeded Oov. j '
He.\ ward, lo lie allowed to aim ml the i '
petition hy Mihsiiiutinir for tin 1
eral desenption an exact description
id" the territory to lie included hy j 1
eon rises, distances and boundaries 1'
shown on the plat. When this appli-1 '
nation to ^meml was inad^| oppo- !'
nents of ihe new coiinly seheine tiled
;,M ;"'->?'M- lo t lie p, t ii i,.., i(! which !
i ill \ i !n,' propn^t'il iit'W eoilllI.v
lo l?. substantially the same a- the
l""|?o*e,l new r,mil I y of l|,.Vward ,
vvhI 11 had been defeated al an' elec'icn.
held in | )e, ember, |$)l?li. (j?v. '
Ansel, alter hearing aryiiinent from
both sides, allowed the amendment,1
'X'l dismissed Ih,. petition on Ihe
rr..mi,) licit w'lile -here was a var>a'ioi,
in territory of about :.() s.jnare
M'lles. nevertheless ihe proposed now
;'"uniy ^as substantially the same as !
the proposed new county of I ley ward
and. therefore, under the constitution
M<> election coul.l be held in less than 1
tour years after Ihe election at which
ti)i? proposed new county of llevward
been' defeated. In Lwimar vs.'.
?>oft, S. <\ .107, (ho decision of
the ijuestiou whether a proposed now!
county embraces ihe same territory j
as one voted on within four years be- 1
fore was held to lie uivon by the eonstitntion.
exclusively, to the -over-!
nor. ' l
"The position taken by Ihe rein- '
Vors is I hat when Oov. 1 fey ward en-'
! y\\ .V ? '.
tortallied die original proposition and
appointed a commission under the
statute to investigate whether the
requirement of the constitution as to
men, distance, wealth, population,
ate., had been complied with, he necDssarrily
adjudged and determined
that the new county was not the same
us the proposed and defeated new
county of 1 fey ward.
''This position is entirely unsound.
Il is important to observe the coinmission
is nothing more fclian machinery
provided by I lie General Assembly
to :iid |Ii,* governor in the
in..f,.,.,, |||(, .:) v. ,,n
m !? 'm* chiiv| itV, , | ,
' hi V lit: I . . I |; 1
1 " ""In i i> ^ ;m . !?.? 1 ii.)! 11;| \ |. j, ,,
' i hi! , require* him
i :<c ;t i ml y < ! .-| *?.
" liti : i i? i .
' '* '' !i'lvi : iv;11 i mi ;i "I rep rl
"iiv ti>r ns inl'<: *. i. It. is
iot hi i'< sjii-v for him to <t ! ! anvhi'ih.'l'oi
i' appointing n ,ominission
'I 1 ' 11"I i'iii. I ndee !, Ills ilt'i'is"ii
:i- In -.-uiii-in*-- a- well ;is In <>f ]M r
tn;-t ii hi iun;i! ij;i.1 ions may wi ll depend
cutin?l\ on |}n i:l'<?i >11:iti? ii af'i'I.*iI
by the iiive-tiyalii?i and rc|>"i'!
of the cihiimission.
I lie order of (Jov. 1 ley ward. appointing
the coin mission, bv no means
i p11 I even :i?i op;n i thai the pr >pi-'
' I'ew county was not -i.!?-!; i
1 ' ' ' \ : he -;||||C ;|S j hi ) 11*< > . .1
I \ " ! | v I I", , I . .
I'll' i' i r* i"? . i;i'i! ,.i. 'i.. i:, . ,'
' I 1" lea \ ! Ii.it 11 in- -1"11:i t . ?i.> , j .
rilled aloiiy with the others |., ,.,,1,1
pliaiicc with the constitution alter
I lie general description of the territory
had been vcritled a i l made more
certain by the investigation and report
of (he commission.
" \\ e are not called on to decide
whether the governor's otvJor for a
new county election is irrevocable but
certainl\ mil the order foe an
lion i as \ vn made, there is 11 1 wairi(
111 in I her constitution or iho s:a!itcs
lor the courts to hold the governor
precluded from reviewing his
own conclusions or those of his predecessors
in the light of the information
afforded bv i lie commission provided
by |;m in t'lirnish it. At least
until the election is ordered, in conlemplaliou
of law. the inquiry as to
I he compliance with all the constitutional
requirements is pending before
the governor.
"The judgment of this court is
that the application for mandamus be
refused.''
PASSENGER TRAIN
WRECKED AT UNION
Heavy Rail Had Been Placed on the
Track by Some One?No One
Killed but Several Injured.
(ileenville News.
I'liion. Oct. - Northbound passender
train No. I.{ on the ('o)uuihia
and Aslieville division of the Southi'i
n 1 ail way was wrecked a lew minutes
alter two o'clock this afternoon,
ix mile* above here. No one was
killed in 1 he wreck hut a number
were badly shaken up ami had not
I.M -iiicer A. 1,. Mi'l 'oy and Fireman
W ill < irahani jumped from 1 heir cn :m<'
11 more than likeh tliev
u ""Id nave met deatn. The cause of
I he wreck is supposed to have been
the work ol someone with criminal
' "lion.. An Sli pound rail had been
|nil acres-, the truck ami when the
ngiiie struck this it was iuiniedialelv
derailed and I'rdl -mi its side into a
nl. The mail and baggage cars were
lumped in beside the eiiyine.
In I iic day coaches the passengers
scarcely knew an accident had taken
place 1ml in llie cafe car things were
%!rewn at ramlom. ?The baggage and
mail matter in tlie ears were badly
damaged.
Knuineer \\ bite, who operates a
shifting engine in the freight yard
here, stale-, that lie put off a hobo
who was riding his engine near the
point of the wreck a few minutes
he I'll re. The ol'ii.-ers are on the lookmil
for this ii>a l,
An examination showed thai the
rail which had been undoubtedly plac.
'"'I "" the track was driven seven
i"1" 1 he cut bank. The engine
is literally turn to pieces. If is remarkable
that the passengers were
injured to a greater extent as
1 he train was going at a rate of forty
miles per hour.
NOT A CANDIDATE
SAYS GOV. JOHNSON
Minnesota Man Makes Statcmont
About Democratic Party?W. J.
Bryan's Position
M. Paul. Minn.. Oct, 5.?Governor
Tohiisnn made a formal statement fo'lay
that he is not and has not been
;v ' ""li'late for president. Tie also
staled that he knows that Win, .7.
I<ryan is and has boon a candidate for
' ''' 1I he last three months.
' a own W.H OKnA^tWl'l c*,?|?
<JI
Now berry, S. C. , Oct. 3 , 1907.
_ Dear Friond:
' A 1 (.'on1 t so i'ow tli^V make
| ^ w
!? rr-.c^r o:. ! <',-v
>," t .it .. % f . i : c v*..)c to I'
i V < >
i ^ a ay r> i.his i;. <;ood thing b<.
cause it v/oiu. lump in your
? s tomach.
And my, how good macaroni is
? - with a little cheese sprinkled i
over it, - and they are cheap too.
J 12 1-2 cts a pound for macaroni
^ and 20 cts. a pound for nice
0, fresh cheese.
# Your friend, i
^ Jacob.
? P. S. You can always get fresh
macaroni and cheese at
? JONES' GROCERY. 1
^ Kant's Old Stand %
? i
# ? <$> ? ^ ^
Great Deportment Store
?:OF:MOSELEY
BROS.
WHAT IS ECONOMY?
Kconomy is a frugal ami judicious use of money?lliat inauagctne
which spends money to in Ivan I age. Kconomy is best exemplified in o
great bargain sales.
We have just returned from the Northern markets after searchii
the market and securing many excellent bargains. We are now rea<
for the public to inspect our immense stock in our great departme
store. We have the new things, the nice things, the cheap thinjj
Prints from 5c. up, White Homespun 5c. up, Checked Homespun 5
up, complete line of Dry Coeds and notiens. Our Imperial liroadcloi
double width, at 50c. a great bargain. Men's .Suits S3.50 to $15 o
Youths' $2.50 to js 10.i?o, Hoys' from 75c. to $(>.00. New and nobl
things in Hats and Caps. Prettiest '.ine of Rugs and Art Squares \
have ever had. Our experienced Northern Milliner has just return*
from the North, and our immense stock of fashionable Millinery is nt
ready for inspection, embracing the new and up to dale things. O
immense line of Furniture is now ready for inspection. Our stock
Groceries, Hardware, Cr. ckeryware, Trunks, Valises and Woodcnwa
is now complete. We have added a new feature in 100. and 25c. con
lets, and the bargains contained on them is creating a sensation. Pe
pie wonder how we can sell goods so cheap. We mention a fewspecia
18 lbs. best Granulated Sugar $1.00. New drop head Domestic Sewii
Machine $25.00, new Defender Machine, drop head, $17.93, guaranty
for 20 years. We have only two Organs left, and to close them out \
make sj>ecial offer, $42.50, elegant tones, oak and walnut. We hand
the old reliable lion King and Klnio Ccoking Stove, beyond doubt t
best on the market. For every five dollars you trade we give five o
choice on our bargain counter.
Just received our 33d car, making 3,655 bbls. Choice Tennessee Flon
and while it lasts goes for best patent $5.25, best half patent $4.6
every barrel guaranteed to give satisfaction. Get the habit of coining
aMCOJSHI3Xj:tvj^ IBXTOIS.., TilliV Sl-I,I, FOR*J,KSS.
Prosperity, S. C.
I CHARLESTON & WESTERN CAR- j Uavo August* Tuosdu;
I ? i j 1 &Y. Thursday and Saturdays ; leave A si
Schedule in effect Juno 9th, 1907. vill(, Mom?ay8? Wednesdays and V
Lv. Newberry (C N & L.) 12:4G p. m. vlaVs.
Ar. Laurens 1 :52 p. m. Note: The above arrivals and c
Lv. Laurens (C. & W. C.) 13:15 p. m. partures, as well as connections wi
Ar. Greenville :?:10 p. in. ?,hor c?*npnniC8, are given as inf(
Lv. Laurens 1:53 p.m. mation, and are not guaranteeJ.
Ar. Spartanburg 3:,'10 p. ni. Ernest Williams,
Lv. Spartanburg (So. Hy.) 3:40 p. m. Gen. Pass. Agt.,
Ar. llendersonville (5:25 p. m. Augusta, fla.
Ar. Asheville 7:;i0 p. in. Geo' T'
Lv. Laurens (C. & \V. C.) 2:00 p. m. Greenville, S. C.
Ar. Greenwood 2:50 p. m. Gen. Agt.,
Ar. MeCormiek .1:55 p. m.
Ar. Ai.gusta 5:40 p. in. BEST PENCIL pad on the market
Pullman Cbntr Cars between An- Herald and News oflice for 5c.
1 gnsta, Laurie i t: I A.dieville, tri
REGISTRATION NOTICE,
0 Notice is hereby given that the
^ books of registration for the Town of
^ Newborry, S. C., are now open, and
? the undersigned as Supervisor of
^ Registration for the said town will
? keep said books open every day from
^ 0 a. m.i until 5 p. in., (Sunday ex-jw
copied) including the 1st day of De?
comber, 1007.
| Eng. S. Wdrts,
! Supervisor of Registration.
i
? i j?gmi i iwgjwmiwnMUJuocaBapennKTOyigYiJUWiBiiin
C*' TEACHER WANTED.
?v* i"... j i , . -! its of ! 111!
f' V V liv,.-vi'!i' '> '! wi!! nu'ct at !lio .
V .p:. !r- \ i! . -.-h - ! h-a*. I ho fir-?
_ I , o'w I !!:, 1 .')t I:) :\l
*f :: , ' ! ., . (" ' : -I : hu -l.er -Vr
$$ ; : :?' t*?l. Salary * HI peri
<?! I > mil 7 or S months.
?
^ All ;i;?j>1 i?;i 1 ions |o lie Sv'nl lo tlie nil- i
. ilersiviii'd IrusJees.
^ Hrooks.
S , 11 C'l\
Ifi-nrv Workman.
n i ' '
{$ mmBMMmmxmusmmtrmmmmmmmmKm?mmtnw?my
if CALL
^ I8
f Pi p 1
V. JM r?' ' .* > M ; : f
i?>V* f>!f-;
i tj W it. CI c/-j dl
: y AT '
11 herald
Si F(
^ I Box Paper,
? I Tablets, Per
? 1 Pens anc
11 So?Ps
l] Fin
?!
A |
! n fact anything you
1 cigars ane
* | Don't forget to call
| They are also agents
I Laundry.
| ^^aEC3sac?a8S55M5?^^^::;j5iaffi
NOW IS THE 1
?: Th
m Jamestown
ur
It is complete in evei
? War Path-Air Sh
1 Will interest and instruct you.
!l( j beautifully illustrated folder corit
,0i | list of hotels, etc., write
'H W. J. CRAIG, P. T. M.,
L*(I Wilrr ington, N, C.
Z\ ATLANTIC (
of
re The Short Thn
" very lo1
e<1
vc . . T
::: Norfolk a
Account Jamestown Te
"> ... VI
. southern
>'s? Season, Sixty Day and Fif
daily, commencing April 1(
vember 30th, 1907.
l0. Very low rates will also be
itb BRASS BANDS in unlfon
>r- STOP OVERS will be allc
and Fifteen Day TicKets, s
1st Tickets.
For full and complete ir
Agents Southern Railway,
r
at
I
i
JAMESTOWN EXPOSITION.
Kates from Newberry S. C., as follows
:
Seasorf Ticket $19.55. Sold daily
April 19th to November 30th.
GO Day ticket $10.30. Sold daily
April 19th to November 30th.
15 clay ticket $14.30. Sold daily
April 19th to November 30th.
Coach Excursion $3.55. Sold each
Tuesday; limit 10 days. Endorsed.
"Nut in parlor or sleeping
ciir-. *'
'I*....... ji i * Mi i'piiiv, oaj's via
U'lilrond oonip-my.
"; j , i !" !']' i!' t! illtisfrat??<I >
,(>' ii f < -cl ?i!itn :ii:i(' *> ic-.cripiive
f
. 11!'!; "!' any in ti?i ma- Jj
1 Address, 1
T. C. White. '
(leneral Passenger Ajrt.
W. J. Craijr,
Passer, ver Tihillic Manager,
Wilmington, N. C.
wjcjitiva' i nikt fkinainnb mw .
rar.w,>: UJoniQgBSSRa&ssmBttRi J
.ON I I
r? m %% I '
f ^'1 '
til fti H M j
nils H 85 |
& NEWS
)R J
icils,
1 Ink, J
e Extracts,
&c., &c.
need along that line.
so
> TOBACCO.
1 on them. i
for Charlotte Steam '||
? J
'IME TO VISIT
IE ,
Exposition. I
i
y department. The J
ip-Naval Display
Do not fail to go at once. For V'
aining maps, descriptive matter,
|
T. C. WHITE,
Gen. Pass. Agt. rjh
20 AST LINE %
t
Dugh Car Line.
W RATES 1
J
o . . . : I
,ND RETURN i
i
r-Centennial Exposition
IA ... ,
RAILWAY ' :
teen Day Tickets on sale
9th, to and including Nomade
for MILITARY and /
n attending the Exposition.
>v/ed on Season, Sixty Day (
ame as on Summer Tour- /
I
^formation call on Ticket
or write
L W- Hunt I
Division^Pass. Agent.
Charleston, S. C
?
i
]