The herald and news. (Newberry S.C.) 1903-1937, January 07, 1908, Image 1
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.