Historical Newspapers of South Carolina

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ONRT VOL XLV N0 2 NEWBERRY, S. 0., TUESDAY. JANUARY 7. 1908, WC EK.$.0AYA NO CHANGES IN FORCE. Employes of All Lines Controlled by Seaboard to be Retained-Gar rett Remains in Charge. Norfolk. Va., Jan. 3.-W. A. Gar rett. president of the Seaboard Air Line railway, which was yesterday placed in the hands . of S. Davies Warfield and R. Lancaster Williams, as receivers, has been appointed "chief executive officer for the r. ceivers" and the first general notice by the receivers was made piblic in this city today. The following is the text of the no tice by the receivers: "Richmond. Va.. Jan. 2. 190S. "Notice is hereby given to the public, to all former officers and em ployes of the Seaboard Air Line railway and its underlying, constitu ent and controlled companies and all persons having, or who may have, dealings with said companies or any of them that the decree entered in the circuit court of the United States for the eastern district of Virginia on thisAate, in the case of Seaboarl Air Line railway vs. the Continental Trust company, trustee, under the firts mortgage of the Seaboard Air Line railway, the undersigned were appointed receivers of said court for each and all of said companies and the properties and assets thereof: "And by like orders entered on this date in the circuit courts of the United States for the -proper districts in the states of New York, Maryland, North Carolina, South Carolina, Georgia, Florida and Alabama, in ancillary proceedings pending in said courts under the above style, the un dersigned were also appointed ancil lary receivers for each and all of the said companies 'and the prt>ertiec and assets thereof in each of the said states. "And notice is also given that un der authority of and in pursuance of said decrees the undersigned receiv ers, appointed as aforesaid, have taken possession of all the proper ties, rights and franchises owned, eontrolled or operated by the Sea board Air Line railawy, its underly ing, constituent or controlled com panies, and ea_h of them, and that .by said orders all persons were and are enjoined from in any way inter 'fering with either the persons or the discharge of their duties by the undersigned as receivers of said courts, as set forth in the said decree, respectively, and were and are en joined from interfering in any way iwhatsoever with said receivers, as will more fully .ppear by reference to said decrees. Mr. Garrett Appointed. "Until further notice Mr. W. A. Garrett of Norfolk,. Va., is appointed chief! executive officer for the re eivers. and subject to his control and -direction all* the other officers and employes of the Seaboard Air Line railway, its underlying, constitu ent and controlled companies are hereby appointed officeers and em ployes of the receivers for the said companies, respectively, with the same titles, eompensations and du ties as on the date of the appoint ment of said receivers. "Until further notice all tickets. passes and other forms of transporta tion issued by the above named com anies or either of them will be re coanized and accepted by the con dutors. employes and officers of the undersigned receivers, to the same extent as the same were heretofore accepted by the said companies. "All forms and records now in use by the several companies will be con tined in use by the receivers until further notice. "All moneys coming into the hands of the treasurer and otiver employes -of the receivers will be deposited to the credit of the receivers in the same manner and in the same banks or 'nsttfntions in which said moneys have been heretofore deposited to 'the credit of said company. and will be disbursed upon vouchers sizned hy the proper officers of the receivers in the same manner as such moneys ae heretofore been di.sbursed by the officers of the companies, subject to pointing said receivers. (Signed) "S. Davies Warfield, "R. Lancaster Williams. "Receivers."' A copy of the notice has been mail ed to agents and employes of the Seaboard. ASKS FOR MONEY FOR MERGER SUIT. Lyon Says He Must Have $5,000 Foi a Real Trial. Attorney General Lyon, in his re port to the general acsembly, mak the following comment and recom mendations concerning the celebrateJ ''merger'' suit: "In pursuane of the authoritt given by the legislature at its last session. I employed Messrs. Bellin ger & Welch as associate counsel. "The case was called for trial be fore Judge J. C. Klugh on the 9tn day of December, 1907. An ordei was passed allowing the state tc withdraw its complaint upon paymen4 of costs. This action was taken foi several reasons, among which are the following: "From what the attorneys for the state' can gather, from the probable evidence in the case as it at present appears, the pleadings will be more satisfactory if re-formed. It is be lieved that with sufficient funds. evi dence will be obtained to establish the facts that the leased lines are co;peting and parallel within thi I meaning of the constitution, and the state would be at great disadvantage if the case should be tried on it: merits without further opportunity to establish the true facts. "It is believed that in many in stances positive financi2l damage is being done the people along the lines of the roads held under the lease. "'The state finds itself confronted with a number of the most promin ent railroad attorneys of America, and a thorough organization on -the part of the railroad for.. a collection of its evidence. As a matter of fact, the railroad is privy to all of the facts in the case. while the state must ferret them out as best it can. The state. under present conditions, has not the money necessai-y to de fray the experises of collecting the evidence on its part. "If this case is to be litigated seri ously, an appropriation of not less than .95,000- should be made for thai purpose and for payment of associate counsel fees. If the legislature is not willing to appropriate sufficient funds to give this &ase a full and thorough rial, it 'would be best t, discontinue it. *"It is my opinion that the lease~ held by the Southern raihvway should not be confirmed as the result of a trial which would ..necessarily be lit tle better than a sham with the means at my disposal at present for the preparation of the case." Church Notices. Communiion services w~ill be held in tihe Newberry Evangelical Lutherar ~pastorate as follows: At Mayer Mem orial the 2nd Sund.ay at 11 o'clock a. in.: St. James. Jalapa, 3rd Sun day at 11 o'clock a. in., and Beth Eden the 4th Sunday at 11 o'cloci a. mn. Every body invit'ed to all th-e ser vices held in the pastbrate. J. D. Shealy, Pastor. The elements of genuine human in terest are so nicly blended with the softest and sweetest heart tones. the~ lines of the spontaneous wit and hu mor of the bluff. rugged western min ers are so cleverly and skillfully in. termind]ed with the dleepcst pathios that paeraal love can inspire. thai the Kirke La Shelle production of Paul Armstrong ' excellent comedy, "The Heir of the Hoorah." which will be presented here at the opera on WednesdThy, January 29. was prononneed by all critics the grreat 'st and most pleasingt of the decade. "'The Heir to the Hloorah"' is a true American comedy, by an Amer ican author, produced by an Amer ian manager, aeted by American players and thoroughly enjoyed by LORD YARMOUTH TO RESIST. Will Centest Action Brought by Hi: Wife, the Countess. London. January 4.--The solicitor: of the Earl of Yarmouth, whose wife formerly Miss Alice Thaw, of Pitts burg, 1,as begun suit for the' nulli fication of her marriage, have givel notice that they propose to defen< the action. The case probably wil not be heard for several weeks. While this action is quite distine ' -n a divorce, it will be heard it the Divorce court, the sittings o; which begin January 11. The cour has only two Judges, and thgre arE on the calendar 156 undefended cas ej, which take precedence over the defended suits. . The Yarmouth sui stands 61 on the list of defende< cases. Lewis & Lewis, the famous firm o solicitors of which Sir George Lewis the best known lawyer in England is the head will represent the Coun tess. Insanity previous to marriage non-consummation of the marriag relation or an existing marriage ar; the only grounds upon which, undei the English law, a marrage may bE annulled. Countess Controls Her Fortune. Pittsburg. Pa., January 4.-T.h many stories concerning the financia settlements growing out of the mar riage of tire Earl of Yarmouth an< Miss Alice 8ha.w were set at res today by a statement, issued b: Frank Semple. Jr.. agent and attor nev for the Thaw -etate. Attorney Semple's state is as f,l lows: "There appears to be some misap prehension in regard to the fortuni of the Countess. It is all in her owl etrol. The Earl of Yarmouth ha, n' squandered her wealth. A largi p, ; :t of her finances were placed it . :: ds of trustees by her fathe: under his will and previous to the marriage of the Countess she plac ed the remaining portion in the pri vate trust for her own use and it ic I being held in this country and unde: her control. Money is sent to he: fr'om America as she wants it. Thin Countess set aside an allowance fo the Earl under the marriage se ttle ment, which he receives monthly.'' It is 'believed here that should th~ 'Countess secure a nullification of he' marriage, as applied for in thi English Courts, the Earl's- monthl: allowance will stop. The nature of the charges brough by the Countess have resulted il many expressions of sympathy fo: he.Attorney Semple admitted to day that Mrs. William Thaw, mot'1 er of the Courntess, is at her home ii this city, confined with a slight at tack of rheumatism, and that she ha telegraphed to New, York that sh< would be unable to attend .the open ing of the trial of her son, Harry K Thaw, Monday. "'Naturally,'' said Mr. Semipl "'Mrs. Thaw knew of her daughter' marital infelicity,.some time ago ani of her intention to apply for a di vorce. The public announcemen that the Countess had taken this ae tion has not therefore been so sever, a shock to Mrs. Thaw as it woul4 had she been unprepared for it. Thi: has nothing to do with her not going to New York. MISS VANDERBILT TO WED. Will Wed Count Szechenyi Januar) *23' at Mother's Fifth Avenue Home. New York, Jan. 4.-According t< a statement published today the mar riage of Miss Gladys Vanderbilt daughter of Mrs. 'Cornelius Vander ilt, to Count Laszio Szeehenyi wil take plac'e Jan. 2:3 at the home 01 Mrs. Cornelius Vandei4bilt at Fifty eighth steet and Fifth avenue. The reason why the postponemen: of the wvedding had 'been set for th< middle of December was bea use th: relatives of Count Szeehenyi desirei to spend the Christmas holidays ir their own countr'y. They are now o: McCULLOUGH OR SENATE. Distinguished Greenville Lawyer May 1 Make Interesting Announce ment Soon. James H. Price in Columbia Record. Greenville, Jan. 4.-It is probable that in a few days Hon. Jos. A. Me- 1 Cullough, of this city, will announce t his candidacy for the United States I senate, to succeed Senator Latimer, the present junior representative of South 'arolina in the upper house 1 of congress. This much is known, that from all over the state hundre-ls .f prominent men have written Mr. I McCullough, urging him to enter the I race, and pledging their support te, him above all other .present or pros pective candidates. 1 Here ,in Greenville county, where 1 Mr. MoCullough is known, and where< he has established a reputation as a lawyer and orator which has spread throughout the state and into other< states, no announcement in the world of polities would be hailed with great er delight than Mr. MoCullough's 1 statement that he will be a candidate for the United States senate. There is not a man in this country who is i better known to the voters of, the < Piedmont section than Mr. McCul-1 I lough. He served for many years in the state legislature, and always re- I ceived a vote far ahead of the nee-, essary majority to elect. .As to qualifications, Mr. McCul lough's friends do not believe there is a man in the state btter fitted to represent South Carolina_ with hon or and dignity in the senate. To be -in with he is a man of rare educa tion. As a graduate of South Car - olina college and a profound and en thusiastic student, he is qualified in .every respect to measure up with the,1 intellectual lights of the senate. His alma mater at its centennial celebration in 1905, put the seal of it> approval upon his scholarship by I E conferring upon him the hjonorary degree of LL.D. As a lawyer of great ability, his reputation extend throughout the stat.. Frequently he has been ap pointed by the governor to preside at special terms of courts in different counties, and his work has brought forth the highest praise from the , members of the South Carolina bar who have practiced before him. Mr. McCullough .is an arotor of rare ability. He has been heard.I with delight by audiences in Atlanta, New York, Oolum>bia and elsewhere. Sebblarly, digni.fied and elequent, he impresses his audiences with thei fact hat he is a master of the Eng lish language and the subject upon which he is speaking.t -While Mr. McCullough would noti be able to cope with -Senator Lati- ( mer, Mr. Martin and Col. Johinstohe di in sarcasm and wit, (that is, he would niot try to), but if he eatersi the race the voters will be treated to clean-cut orations of topics of vi-. tal importance to the nation and thei stat. The entrance of Mr. McCullough i in the race would create a great deal of lively interest heret4fore laeking I in the campaign. He would be ablei more than any other candidate to 1 Sinvd Y Aro county, tihe homne of Iin that large county. Mr. MeCul- < lough has hosts of friends in the Electric city and adjacent county, and would undoubtedly poll a heavy vote there. In Spartanhurg county, Mr. McCullouzh is almost as popu lar as John Gary Evans. who. if is understood, is contemplating making another effort to wear the toga. In fact, ini the home county of every1 andidate who has so far entered the< race, Mr. McCGullough is well known and has many friends. Ia the lower counties of the state. this Greenville statesman is unusually strong. While it is not absolutely certain Ii that Mr. McCullough will run, it is ~known t>at hc is seriously consider ing ti'm matter. His friends are prewino him for an immediate decis ion,l andl no doubt he wvill make pub li his intentions in a few days. Haste not, rest not.-Goethe. ELEC,TION ADJUJDGED VOID. Jounty Board Decides Against Cal houn County-An Appeal is Very Likely. [he State. Orangeburg, Jan. 2.-The county >oard of canvassers after spending wo days hearing testimony and evi lence. today declared the Calhoun ounty election illegal, null and void. The board is composed of John S. 3wman, Jr., chairman; W. B. Foglh Lnd T. J. Hart. The decision of the board, whieb vas unanimous, is as follows: "We find -s<me irregularities in everal books, such as voting outsidE >f right precinct, not demanding pro er proof of payment of tares, etc. ut we find there are not "enougl f these irregularities to change thz -esult of this election. "We further find that about 6I )r more qualified electors, residing vithin the area of the proposed new >ounty of Calhoun, including por ions of Orange, Goobys and Populai ownships, were deprived of the con titutional right to vote in this alee ion as the said electors are resident: f the proposed new county, whih heir voting places are without, anc he act of the legislature relating t< he formation of new counties doe iot provide the means or the oppor unity to vote in such ease. "We therefore find that in depriv ng these qualified electors of the -ight to vote the constitutional pro ision has been violated, and on thi: tround we de hereby declare thi, leetion null and void.'' It is presumed that the Calhout 'ounty advocates will appeal to th ;tate board, and should that body not everse the county board they wil ake the matter to the supreme court However, the matter would be tak !n to the supreme court by the op >onents of the new county in the ev nt of an adverse decision by th tate boalrd. Should the new county not win 11 vill mean that the whole matter will Lave to be gone over again-,petitiozi urveys. election and all-should thsy new their fight for the new coun V.V Messrs. Wm. C. Wolf? and Col V" 0. Herbert of the local bar made he fight for the opposition and Mr. . H. Welsh of Columbia and W. F. uvek of St. Matthews opposed i: ehaf of -the new county. Another Account. Friends of the new county arriv n here last night from Orangeburg ave out the following statement oneernng the decision of the coun v ord of canvassers. 'The board of eanvassers for )rang'bu:g county .have been busy or the past few days 'hearing th !vidence in regard to the contest of he Calhoun county election. Tues lay and Wednesday were taken uT vrith testimony and arguments and oday the board rendered its decision "The part,ies who ha.ve conteste( he election were the same partie: ho recently institu'td a case befori he supreme court. In that case the2 nade the point that a certain num >er of qualified electors would not be rle to vote beenxse their votigl >laces were on the outside; that 13 )n the outside; that is, not includet vithin the line of the new county ['he supreme court in passing upol :his point said very plainly tha rhile this was a serious question stil tt miht turn out- to be purely ai ibstract one because the result o1 :he vote might be such that thosi vo could not vote, provided tha1 hey had -voted, would not hay ha.zed the result. "t the election, held for the for nation of this county, 556 voted ye: n the Orangeburg territory and 91 oted no. This vote was ta'bulated b: he board of canvassers and found t< )O correct. "Taking these figures, the net runty advocates~ can spare to thei ;.nnts 170) votes, that is to say heopposition to the formation 01 he nev county would have to ge [79 additional votes to that wh1er :hy now have on the face of t.h< "At th ones it was shown ta 64 voters were unable to vote be cause their voting place was on ths outside. !The bard . of canvasser9 find that 65 could not vote because of this fact. Granting that there were 65, and taking this from 179, it leaves 114, which the opponents of the new county would have to have in order to have one-third of the vote polled by those who voted in favor of the county. In other words, the opponents of the formation of the new county would have to show 115 more than the 65 voters who could not 'vote on account of their boxes being on the outside of the propos 'ed lines. "The decision has not discourag ed the citizens of Calhoun county, as they know that the state board of canvassers will be appealed to. Very few expected the county board to decide in Calhoun county's favor, but they know that their action- was not 'final. The following was the Orangeburg county vo.+e: 556 "yes" votes, 99 "no"; total 655. "The new county won. Conceding the 65 opposition votes claimed by them debarred from voting on ac count of no voting .precinct being opened in the toavnship, the advo cates of the new county would still win with 114 votes to spare." -Cassin; Quinby,. who plays Lon Perry in -'The Heir to the Hoorah," is an old Shakespearean actor with a repertoire longer than the memory 'of an injured Airab. Mr. Quinby declared receatly during a supper sparty at the Boston Club, that the first time he came to Boston, in the palmy days of Museum, the grave stones in the ancient Granary Ce,me tery were so conspicuously new and white that they hurt his eyes in tha glare of the morning sunlight. .nt he deelines-to state his real age more - definitely than that. - THE NEWS OF POMARIA. Business Not Good and Collectons Poor-Farmers Holding Cotton Another Killing. Pomaria. Jan. 6.--Mr. and Mrs. D. A. Livingston spent yesterday in Po maria. w"ih tf'.e. fan-ily of Mr. W. W.. Bar-ley. Miss Nelle Knigh t returnad on Saturday from her home at -Hoaea Path, wihere see spent the Christmas Ecidays. She resumed th-e exercis es of her schocil, -Bethel Academy, this morning. Mr. E. -B. Feagle visi'ted his par ents at th,eir home near Neiwberry esterday. The merchants here report collec tions as very peer for -tie last six or. eir.zht weeks. A good many of their d<'btors are holding cottion for high er prices regardless of obligations to the mereciants tha~t have been due for several monUhs. It is an excelent thing to hold the cotton off thre mar ket in order to raise the price, but it is hardly fair to make the merchant -.. suffer for it, - There was another homicide in th~e county a couple miles north of Po~ maria on last Friday afternoon. Sam Setzler shot Clarence Baites, in the head with a pistol, kiIlin'g him in stantly. Both parties are cloed. Coroner Lindsay, accompanied by Sheriff Buford, came down and ;held Ithe inquest on Saturday morning. Setzler elaims that the shooting was accidental, but hre will have to estab lish that fact in court, as the coro ner 's jury did not exonerate him, Te sheriff earried him to jaisl. Miss Jennie Martin, who teaches 'at Zion Academy, returned yester day from her home a-t Sim'psonville, in order to 'begin the exercises of her school 'today. Mr. A. D. Shealy came down from Nwbenry yesterday to visit Mrs. Shealy, who has been spending some tme 'with 'her mdither, Mrs. Henry Wedaman. Mfr. and Mrs. E. 0. -Hentz return ed on last Thuirsday from a visit to Mrs. Hent-z's mother. Mrs Dr. F. M. Setzler, of near Whitmire. Mr. Hentz reports having had some fine mort hunting, he in company with .~everal otihers, having -killed a hun dred and twenty-five or thirty birds durin. hi visit.