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VOL XLY NO a NEWBERRY, S. 0., TUESDAY. .JANUARY 7. 1908, TWICE A WEEK. $1.50 A YEAR ^ NO CHANGES IN FORCE. k Employes of All Lines Controlled by Br Seaboard to be Retained?Gar L rett Remains in Charge. ^ 'Norfolk. Va., Jan. 3.?W. A. Clar$ roll, president of the Seaboard Air IB Line railway, which was yesterday placed in the hands . of S. Davies 1 War Held and U. Lancaster Williams, n W*as receivers, has been appointed 'ffimt""chief executive officer for the rjl Xccivcrs" and the fi'rst general notice if by the receivers was made public in ' H this city today. The following is the text of the now tfee by the receivers: "Richmond. Va., Jan. 2, 1008. M "Notice is hereby given to the H public, lo all former officers and emM ployes of the Seaboard Air Line 8f railway and its underlying. const it uJs.' ent and controlled companies and all * f persons having', or who may liav?, dealings with said companies or any of them tfliat the decree entered in the circuit court of tbe United States for the eastern district of Virginia k > on t instate, in the case of Seaboar.l ft Air Line railway vs. the Continental Trust company, trustee, under the Sfirts mortgage of the Seaboard Air Line railway, the undersigned were L'-?> appointed receivers of said court tor 1 *. 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 undersigned were also appointed ancil;v? lary receivers for each and all of tii<? \ said companies and the proper! ic" and assets thereof in each of the said states. "And notice is also given that under authority of and in pursuance of ^ said decrees the undersigned receivers, appointed as aforesaid, have taken possession of all the properties, rights and franchises owned, controlled or operated by the Seaboard Air Line railawy, its underly 'jl ing, constituent or controlled companics, and each of them, and that by said orders all persons were and are enjoined from in any way int-erX* - 'fcring with either the 'parson's on the discharge of their duties by tae undersigned as receivers of said courts, as set forth in the 'said deciee, respectively, and were and are enjoined from interfering in any way * /whatsoever with, said receivers, as will more fully appear by reference to said decrees. Mr. Garrett Appointed. "Until further notice Mr. W. A. Q'ar re It of Norfolk. Va., is appointed chief executive officer for the receivers. and subject to his control and direction all the other officers and employes of the Seaboard Air Line railway, its underlying, constituent and controlled companies are hereby appointed officers and employes of the receivers for the said companies, respectively, with the same titles, compensations and duties as on the date of the appointment of said receivers. jM "Until further notice all tickets, R passes and other forms of transportaR tion issued by 'lie above named companies or either of them will be re** coffni/.ed and accepted by the conductors. emnloyes and officers of the undersigned receivers, to the same oxtenl as the same were heretofore accepted by the said companies. "All forms and records now in use by the several companies will he collie tinned in use by the receivers until further notice. "All moneys coming into the hands of tlic treasurer and other employes of the receivers will be deposited to the credit' of the receivers in the same manner and in the same banks j for institutions in which said moneys have been heretofore deposited to the credit of said company, and will be disbursed upon vouchers signed by the proper officers of the receivers | in the same manner as such moneys j have heretofore been disbursed by the officers of tire companies, subject to Mih terms of te aforesaid decrees ap-1 k V pointing said receivers. ( (Signed) | "tS. Davies Warlield, ^ "R. Lancaster Williams, " Receivers." A copy of the notice has been mailed lo agents and employes of the !? Seaboard. j | i | ASKS FOR MONEY | | FOR MERGER SUIT, i Lyon Says He Must Have $5,000 For i a Real Trial. Attorney General Lynn, in '.lis re- j port to the general assembly, makr.? \ the following comment and recom- | mendations concerning (lie celebrate.! ' ( it 1 J? merger ' suit: 0 "In pnrsnanci of (he authority L given by the legislature at its last L session, I employed Messrs. Bellin- L gcr & Welch as associate counsel. "The case was called for trial before Judge J. 0. Klugh on the 0th day of December, 1907. An order was passed allowing the state to , withdraw its complaint upon payment of costs. This action was taken for several reasons, among which are the ' following: 1 "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 believed that with sufficient funds, cvi- J deuce will be obtained to establish i the facts that the leased lines are m competing and parallel within the i moaning of the constitution, a id the ] state would be at great disadvantage I if the case should be tried on its J 1 merits without further opportunity i to establish the true facts. "It is believed that in many in- j stances positive financial 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 I he most promincnt railroad attorneys of America, and a thorough organization on the , part of Ihe railroad for-a collection j of its evidence. As a matter of fact, the railroad is privy lo all of the facts in the case, while the slate ^ musl ferret I hem oul as best il can. | The state, under present conditions, | has not the money necessary to de- j fray the expenses of collecting Ihe , evidence on its part. "Tf this ease is to be liliaated seri- , ously, an appropriation of not less than $5,000 should be made for that ^ purpose and for payment of associate counsel fees. Tf the legislature is not j willing lo appropriate sufficient funds to give this case a full and thorough trial, il would be best t.p discontinue it. "Tt is my opinion that Ihe lease i held by Ihe Southern railway should not be confirmed as the result of a trial which would ..necessarily be lit- ( tie belter than a sham with the means j at my disposal at present for the j preparation of the case." Church Noticcs. j ? fl Communion services will be held in t'he Newberry Evangelical Lutheran < pastorate as follows: At Mayer Mem- j orial Ihe 2nd Sunday at 11 o'clock- ( a. m.: St. James, Jalapa, 3rd Sun- A day at 11 o'clock a. m., and Refill j Eden the 4th Sunday at 11 o'clock | a. ni. { Every body invited to all the ser- I vices held in the pastorate. 1 J. T). Shealy, Pastor. t The elements of genuine human interest are so nicely blended wilh the softest and sweetest heart tones, Ihe "\ lines of the spontaneous wit and hu ni or of the bluff, rugged western mill-1 ers are so cleverly and skillfully in-j termingled wilh the deepest pathos | that paternal love can inspire, tliatiji the Kirke La Shelle production of [ y Paul Armstrong's excellent comedy, (] " Pile Heir of Ihe floorah," which . |] will be presented here at the opera 11 house on Wednesday, January 20, was j I pronounced by all critics liie great- 0 irwt nnd most pleasing of Ihe decade. | "The Tfeir to the lloornh" is a o | true American comedy, by an Amer-'n ican author, produced by an Amer-1 , j ican manager, acted by American t players and thoroughly enjoyed by ' j Am erica u audiences. j j # LORD YARMOUTH TO RESIST. Will Center,t Action Brought by His Wife, the Countess. London, January -4.?-The solicitors >!' tlit? Karl of Yarmouth, whose wife, ormerly Miss A lice Thaw, of Pittsitir?', l^as begun suit for the' nulli'ication of her marriage, have given udice that they proipose to defend ho action. The case probably will iot be heard for several weeks. While Ibis action is quite distinct 'fij If n a divorce, it will be beard in he Divorce court, the sidings of vhich begin January 11. The court las only two Judges, and th-jrc are m I ho calendar 1 ">(? undefended cas-1 >*, which take precedence over the lefemled suits. . The Yarmouth suit tands (il on the list of defended uses. Lewis & Lewis, the famous firm of ;olicito:s of which Sir Ocorge Lewis, he best known lawyer in Knglan.l, s the head will represent the Conness. Insanity previous to marriage, ion-consummation of the marriage elation or mi existing marriage are he only grounds upon which, under he English law, a manage may be innulled. Countess Controls Her Fortune. Pittsburg. Pa., January 4.?-The nany stories concerning the financial ;etdements growing ?ni( of the mar iage of the Earl of Yarmouth and \H?s Alice Shaw were set at rest oday by a statement, issued by "rank Semple, Jr., agent and at torlev for the Thaw estate. Attorney Semple's state is as folows: "There appears to bo some misap>rehension in regard to the fortune >f the Countess. It is hll in her own o.itrol. The Earl of Yarmouth has i>l squandered her wealth. A large itrt ui' her finances were placed in ... '.,..nds of trustees by her father inder his will and previous tn the narriage of the Countess she plae d the remaining portion in the pri*nte trust for her own use an.l it is >eing held in diis country and under icr control. Money is sent to her Yoni America as she wants it. Tire Vmnloss set aside an allowance for he Earl under the marriage settlenent, which he receives monthly." 11 is believed here that should tlii Countess secure a nullification of her narriage, as applied for in the Cnglish Courts, the Earl's- monthly illowance will stop. The nature of the charges brought. >v the Countess have resulted in nany expressions of sympathy for ior. Attorney Semple admitted tolay thai. Mrs. William Thaw, molh?r of the Countess, is at her home in his city, confined with a slight atack of rheumatism, and that she has elegraplred to New. York that she vould be unable to attend the openng of the trial of her son, Ilarry K. Thaw, Monday. " Naturally," said Mr. Semple, ''Mrs. Thaw know of her daughter's narital infelicity.some time ago and >f her intention to apply for a di'orce. The public announcement hat the Countess had taken this aeion has not therefore been so severe i shock to Mrs. Thaw as it would lad she been unprepared for it. This ias nothing to do with her not. going o New York. MISS VANDERBILT TO WED. Vill Wed Count Szcchenyi January 23* at Mother's Fifth Avenue Home. New York, Jan. 4.?According to statement published today fbe mariage of Miss (iladvs Vanderbilt, laughter of Mrs. Cornelius Vander?ilt, to Count Laszio Szechenyi will ake place Jan. 23 al the home, of Trs. Cornelius Vanderbilt at Fiflyigbth steel and Fifth avenue. I The reason why the postponement, f the wedding had been set for the ' niddle of December was beause th , datives of Count Szechenyi desired o spend I he Christinas holidays in heir own country. They are now on heir way here. McCULLOUGH FOR SENATE. Distinguished Greenville Lawyer May Make Interesting Announcement Soon. James II. Price in Columbia Wecord. Greenville, Jan. A? It is probable that in a few days Hon. Jos. A. MeCul lough, of this city, will announce his candidacy for the United Stales senate, to succeed Senator Latimer, the present junior representative of South 'Carol i mi in (lie upper house of congress. This much is known, I hat from all over I lie slate bund re :1s of prominent men have written Mr. MeCullough, urging him to enter the race, and pledging their support t<> him above all oilier present or prospective candidates. Here, in Greenville county, where Mr. MeCullough is known, and where he has established a reputation as a laiwyer and orator which has spread throughout the state and into other states, no announcement in the world of politics would be hailed with grenler delight than Mr. MeCullough's statement that he will be a candidate for the United States senate. There is not a man in this country who is 'belter known It) the voters of, the Piedmont section than Mr. MeCullough. lie served for many years in the state legislature, and always received a vote far ahead of I lie necessary majority lo elect. As to qualifications, Mr. MeCullough 's lriends do m-l believe there is a man in the state better fitted lo represent' South Carolina with honor and dignity in the senate. To be?in with he is a man of rare education. As a graduate of South Carolina college and a profound and enthusiastic student, hi1 is qualified in every respect lo measure up with the intellectual light's of the senate. His alma mater at its centennial celebration in 1005, put I he seal of its approval upon his scholarship by conferring upon him the hjonorarv degree of IvL.D, As a lawyer of great ability, his reputation extend throughout I ho stale. Frequently he has been appointed 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 Sou til Carolina bar who have practiced before him. Mr. MciCullongh is an arolor of rare ability. lie has been heard with delight by audiences in Atlanta, New York, Columbia and elsewhere. SchVdarly, dignified and elequent, he impresses his audiences with the fact fhat be is a master of the Hnglish language and the subject upon which he is speaking. While Mr. MeCullough would not be able to cope with Senator Latimer. Mr. Martin and Col. Johnstone in sarcasm and wit, (that is, ho would n;ot. try to), but if he enters the race the voters will be treated to clean-cut orations of topics of vital importance to the nation and the state. The entrance of Mr. McCullougli in the race would create a great deal of lively interest heretofore lacking in the campaign. lie would be able more than any other candidate to invade Anderson county, the home of Semlor Latimer, and divide the vole in that large county. Mr. McCullougn has hosts of friends in the Electric city and adjacent oounty, and woidd undoubtedly poll a heavy vote there. In Spartanburg counly Mr. McCullous'h is almost as popular as John Gary Kvans, who. il is understood, is conlomplating making another effort to wear the toga. !:i fact, in the home counly of eve;\\ candidate who has so far entered the race, Mr. McfCullougii is well known and has many friends. T.i the lowei counties of the slale, (his Greenville statesman is unusually strong. While it. is not absolutely certain that Mr. MflCnllough will run, it, is 'known that he is seriously considering Ih'i matter. His friends are pressin"' him for an immediate decision, and no doubt be will make public his intentions in a few days. q Haste not, rest not.-?Goothc. ELECTION ADJUDGED VOID. () County Board Decides Against Cal- <1 houn County?An Appeal is fi Very Likely. ?? The Slate. I< Oranireburjr, Jan. 2.?The county t hoard of canvassers after spending >i two .lavs hearing' testimony and evi- P deuce, today doclaivd the Calhoun ?' county election illegal, null and void. <> The hoard is composed of John S. " . Bowman, Jr., chairman; W. 1?. Pojjle " and T. J. Hart. 11 The decision of (lie hoard, which b was unanimous, its as follows: 'e "We find statue irregularities in several hooks, such as vol in,y outside 0 of rijyht precinct, not demanding pro- ' per proof of payment of taxes, ctc., <* hut we find there are not enough I of these irregularities to chanirc the <1 'result of thus election. h "We furtiier find that ahout 05 " ! or more ipialillied electors, residing ( within the area of the proposed new v county ;of Calhoun, including portions of Orange, Ooohys and 1'opular ' townships, were deprived of the con- I stifulional right to vote in this elcc- <' tion as the said electors are residents " of the proposed new county, while <' , their voting places are without, and v i the act el' the legislature relating* to / the formal ion of new counties does 1 not provide the means ,>r the oppor- I I (unity to vole in such case, i "We therefore I'tml that in depriv- Ji injr these <|ualitied electors of the < t right to vote the conistitulional pro- < vision lias heen violated, and on this l ground we de hereby declare this f , election null and void." | It is presumed that the Calhoun s I county advocates will appeal to lira < , state hoard, and should that body not \ k) reverse the county hoard they will i itake the matter to the suprenve court. 1 However, the matter would he tak- <i Jen to the supreme court by the opj pouents of the new county in the evj enl of an adverse decision by 111 ? jslate hoard. 3 (Should the new county not win il j will mean thai the whole mailer will j have to he gone over again?petit ions j surveys, election and all?should th.\v (renew their fight for the new conn- / i ty. M j Messrs. Win. ('. Wolf' and Col. I j W.-O. Herbert of tiie local bar made j the Ir.'lit for the opposition and Mr. f" | |{. 11. Welsh of Columbia and \V. K. I i Buyck ef St. Matthews opposed i:i ' ibeiiaif of the new county. e n Another Account. 1'Yiends of the new county arriv- < ing here last night from Orangeburg v gave out the following slateincnl concerning the decision of the conn- I j ly board of canvassers. ''The board of canvassers lor <i j Ora.igt bu: g county have been busy *' !|ifor the pa>t few days 'hearing the t1 11 evidence in regard to the contest of s ' the, Calhoun county election. Tues- i day and Wednesday were taken up l< with testimony and arguments and i today the board rendered its decision, s "The parties who have contested i the election were I he same parties e i who recently instilutd a case before r the supreme court. In that case they : made the point that a certain num- i i her of ipialitied electors would not be * !' able t<> vote because their voting ! places were on tlie outside; that is, k on the oul>ide; that iu, not included t within the line of the new county. > , The supreme court in passing upon i1 this point said very plainly that ' , while lliis was a serious question still il. might turn out to be purely an I abstract one because I lie result of j t lit* vote might be such that Ihos.s j who could not vote, provided thai < ' they had voted, would not have i cli;Ni_rcd tiie result. 1 "A'l the eleciion, held for the for mation of this county, .*>50 voted yes * in the Orangeburg territory and Of) ! voted no. This vote was tabulated by I the board of canvassers and found to > 1 be correct. "Taking these figures, the new * county advocates can spare to Iheii* 0,1011.-iits 17'* voles, that is sav, 1 the opposition to the format ion of j I the new county would have to yet 170 additional votes to that which . > they now have on the face of the < returns. "At tlia contest it, was shown that 4 voters wore unable to vole bcause tlii'ir voting place whk on ths 'ill-side, rriro hoard of eain vassert nd I hat. (?.) could not vole beenuso f tliis fact. Circuiting that there 'ere (>.">, and taking this from 17J>, it ?aves 11-1, which the opponents of lie new county would have to have 1 order to have one-third of live vote oiled by those who voted in favor f the county. In other words, the. pponenls of the formation of (lie ew county would have to show 115 lore llian I he (lo voters who could ot vote on aeeount of their boxes eing on (he outside of the propos<1 lines. "Tne decision has not diseouragd the citizens osf Calhoun eounly, as hey know Unit the state board of anvasseits will be appealed to. Very ew expected the county board to eei.le in Calhoun county's favor, ill lhey know that their action was lot final. The following was the )ra:igel?urg eounly vole: .">">(? "yes" otes, 1)!) "no"; total (>">.">. "The new county won. Conceding lie. (if> opposition voles claimed by hem debarred from voting on acount of no voting precincl being ipencd in the township, the advoales of (lie new county would still viu with 114 voles to spare." ('assiu-* Qninby, who plays Lou 'crrv in 'The Heir to the lloorah." s an old Shakespearean aclor with i repertoire longer than the memory f an injured Airah. Mr. (^uinhy leclared recently during a supper >arty at Hie Boston Club, thai the irst time he came to Boston, in the >alniy days of l\I'useum, I lie " ravetones in the ancient (iranarv Cemccry were so conspicuously new and vli'te that they hurl his eves in llio I'lare of the morning sunliuht. '^nt le declines to state, his real aye mora Infinitely llia;i that. THE NEWS OF POM ARIA. Jusinoss Not Good and Collections Poor?Farmers Holding Cotton Another Killing. Pnmaiin. Jan. ti.?-Mr. and Mrs. I), I ivini?ston spent yesterday in I'onaria. wOHi tl!:e family of Mr. \Y. \V. 'erley. Miss Xelle Kni^li'l ret urn.kI oil hilurdav from her home at llo.iea 'alb, w'here .-'he spent the Christinas ? lidavs. Sin- lvsum -.1 the cxerciss of her sHhool, Bethel Academy, this no i-ii i iticMr. K. B. I'Yaule visile.I his parnts at I'heir home near N.?\vberry esl erday. The merchants here report colleeiniis as very pror for 111;.' 1 a-1 six or i'jliI wee-ks. A !>'ood many i<r their leblors are holding cotton fur liiii'hr prices regardless of obligations to he mcrcha.its thai) have been due for everal monillhs. It is an excellent him; to hold I'he cotton oft" the mar;el in order to raise tlx; price, but it s hardly fair to make the merchant ulVer for it, 'Hirere was nnoifiier homicide in Wie onnty a couple miles north of Ponaria on las|. Friday afternoon. Sam ktx.lcr shot Clarence Baites in I he i -ad w.ith a pislol, kiillintr him intantly. Botili parties aro colored. 'oron.T Lindsay, accompanied by Sheriff Bnford, came down and held lie iri(|nes/| o;i Saturday morning, v'l/.ler claims that the shooting was iccidenlal, but lie will have to 'eslabish thai fact in court, as the eoroler's jury did not exonerate him. I'l'e sheriff carried him in jail. Mii ss .Jennie Martin, who leaches it Zion Academy, returned yeslerla.v from her home at. Simpsonville, n order lo begin t'lie exercises of ier school today. Mr. A. I). Shealy came down from sVwIieprv yesterday lo visit Mrs. iliealv, who has been spending" some lime with her mother, Mrs. Henry A'eda'man. Mr. ami Mrs. I). (). Henlz retum'.1 on last Thursday from a visit lo Mrs. Hen!/,'s mother, Mrs Dr. 1*\ \T. Selzler, r>f near Whilmi'v. Mr. [fenlz reports having had some fine port huiutin'.r, he in company with .everal otlhers, having killed a hunIred and twenty-five or thirty birds luring iiis visit.