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3 IUUMUI UKt -1 ? I/' E. II. AULL, EDITOR. Entered at the Postoffiee at Newberry, S. C\, as 2nd class matter. Tuesday, March 10, 11)08. AVc desire to remind our subscribers, who have :iot yet made arrangements to have their names retained on our mailing list that under the ruling of (lie post ollice department our list will have to be revised on the lirst of April. During the past couple of weeks a good many have come in and paid up, but there are a great many more, who, unless some arrangement, is made, will have to he taken from our ]ist on (he tirst of April. W'e shall regret to loose any of these, some of whom have been on the list for many years, and we desiro 1o make it clear thai no discretion is left for the publisher and if alter the first of April you do not ivceive The Herald and News you may know Ihi) reason. I'loase come to see us during lire inonlh of March. Staleniejits liavv been scnl to all vim are in arrears, and if these slatemen Is are not correct- we shall be frlad to make the correction. " I It seems that though (lovernor An-i Kel .in two messages asked the legislature to rush through in the last Hi ours of tiie session, which was prolonged in order to elect a Uniled !St:>tes senator, legislation which was recommended by the attorney general without due consideration by tli'3 general assembly, he now desires to look into the law more carefully before calling an extra session. 1l\2 should have done this without urging the legislature to |>;iss something about which he was not aboslulely certain. It would have been turning over t he logislnl i.ve depart incut lu | Hie executive department to have undertaken legislation after the reception of (lovernor Ansel's special message. As we se it the. legislature did the proper thing in refusing to adopt any measure involving a matter of so j much importance as is involved in this question without giving it due consideration. If (lovernor Ansel becomes satisfied that it is of sufficient nmporlanre to receive action by th> general assembly he has the power > and it i> lii> duty to call the general 1 assembly in extra session and if he "will then lay before litem clearly and definitely just what tie thinks is necessary. the responsibility will be shifted from his shoulders, it mailers Hot what action the legislature may) lake. I When the legislature adopted a re- I solution fixing two dollars per dav I 1 * 1 i\w I Ik1 m^iunrrs, it s?vtns |<? us 111 :i ( ! lit least the letter of the constitution was violated. The constitution provides that the members of the general assembly shall not receive compensation for more than forty days of any session and makes no excep1 ion. The act which was passed al lire <dose of the forty day session provides a.i appropriation of $.">,000 to pay .actual expenses and (he legislalnr.1 when it reconvened' to elect a I'nitied St at cs senator, pas> >d a resolut ion allowing each member two dollars per day. We do not believe that there was any legal authority for tin expenses and we can :tot See how these expenses could be fixed to be a certain amount for eae'.i member by a resolution while the act snows that each member should have his actual expenses. In our opinion it is very clear in the light of the constitution thai no member was legally entitled to any amount. A few of them took lire same view and refused to accept the allowance of two dollars per day for expenses. We yield a great deal of our space in this issue to the decision of Judge j 5'rilchard and various mailers connected with the winding up commission and also to the balloting fori Vnited States senator. These are very live (picst'ions in the State al ] this lime and we have no doubt our { leaders will appreciate tee full re-1 port which may he found in this pa- i per. Died Tn Tevns AVr. Je inf' in Marlin, son of the , late Mr. 'I. "Mav'vi, a former New- j "berriau, died i?> Tlo'vion, Texas, on ' February IS. it will Ve recalled lhal ! his f.ilhcv .Vied aim::I a year ago. Young Mr. Martin was a young ] Juan of much promise, lie was hap-| pily married on December 21. lie! leaves a mother, sisters, brothers and ft young wife to mourn his death, j GOVERNOR ANSEL MAY ' GALL EXTRA SESSION ? TO TAKE ACTION ON DISPEN- ? SARY SITUATOIN. t In View of Judge Pritchard's Action In Appointing Permanent j Receivers for Dispensary j( Fund. , In view ol' tlx; recent action of j| Federal Judge I'ritcliard in naming permanent receivers for the dispell- j( sary fund, heretofore m 'he hands of j tlu' winding-up commission, it nas j been thought probable that Governor 0 Ansel would call a special session of ? the legislature to take some action in regard to the matter. (l Oovernor Ansel sent a special met>- s sago to the legislature at the session called to elect a I'nited States sena- ,, tor, in which he urged that some ae- 01 lio.i he taken but the. legislature ad- a journed without taking definite ac- u lion upoij, (iowrnor Ansel's message. t, A telephone message from Coluin- e bia yesterday afternoon at four-thir- <-| ty o'clock, stated that Governor An- j >! sel had not yet determined whether f< or not lie would call a special session, w bm that he still had (lie matter undcr advisement. (Jovernor Ansel at that hour yesterday afternoon had (M not stated whether oi- not he would V) call an extra session. Elsewhere in ( this issue of The Herald and News n are given in detail the action of Judye \ I'ritciiard in appointing permanent p receivers and other matters in con- v. lied ion therewith. ((] Attorney General Lyon has asked tc I lie supreme court of South Carolina |'t to compel the commission to furnish S; the $1.">,<IOO appropriated by the leg- 01 islature In prosecute the graft cases. If the supreme court of South Car- , | olina should do so it would thus as-I p sunie jurisdiction, and in thai event ,, the impression seemed to prevail in (l ollicial circles yesterday afternoon |, that (iovernor Ansel would call the i extra session. Should I lie supreme court, hinvcwi', refuse Mr. Lyon's re- ? (piest thus re fusing to assume juris- jj diction, there would of course be no . need for an extra session. Johnson-Workman. y Married, at the home of tire bride'* i father, Mr. .lames M. Workman, on i Wednesday, Mareli I. at II p. in., Mr. a .1. I'. Johnson and Miss lieltie Work- < man, the b'ev. 15. I\ Mitchell olTicial- ,. ill yd 1'ntlh I lie yoiinu' people have , many friends, wlm wish them much < happiness iu their journey through c life together. ,| Beautiful Spring Goods. v Caldwell and I lull iwangcr, of the n Cash store, announce that I he beautiful line of spring goods which is al- t ways characteristic of this store, is v now on display ready for the imspec- e ti?>:i of (hi' ladies of the city and s county. s SEA FIGHT WITH JAPAN. \ e Yankee Navy Had a Hot Brush Dur- t ing Civil War. ,, . Mvery one who has followe 1 the | cruise of I ho battleship fleet to tire y l'acilic has an opinion as to the likelihood of war with Japan, but few t know of a naval battle that actually took place between Americans and s Iaupanese. The reason for its being forgot (en is that it happened in I Stilt, the crisis of the civil war, and the exploit in faraway Japan was lost in t he roar of battles at home. Kven in L the secretary of the navy's report for the year I Stilt the modest account of the hero of this story is tucked away at rhe end under line title of "Miscellaneous," but President b'oosevell once said of this light, "Had this action taken place at any oilier time than during the civil war its fame would haw echoed all over the world." To understand how Americans and Japanese happened to be shelling each other while the two countries were supposedly on friendly terms it is necessary to go back to Commodore M. ('. I'erry's visit iu IKrilt-ol, which opened Japan to the civilized world. In IS'iS the Japanese prime minister signed the completed Itvalv for Japan, with Commodore. Tattnall's signature representing lire Hniled Stales; but this acl of* frien.lline.'s to I he I'nited States meant only civil war for Japan. Though for 251) years Japan had been al peace. I he embers of rebellion had i mit been smoldering, and the question of foreign intercourse onlv fan' I them ialo flame. The shot .inn on " tycoon,'' under whose authority I "o h.'rlv was made, was I lie praeli'.'tl ruler of Japan, for the mikado t<ep! a mysterious, g'od-like seclusion which eosl him actual power in government. Opposed to the shotgun wore feudal clans of Chiosu and Snt ' mi;; - ! 11v* im.-i powci Tul in the cm iff who haled the foreign devil ml longed to n-vivc I ho ancient an liority ol" (lie mikado by ousting th hogun. The signing of (he treat; as made the signal for burring' th wo-handed sword in n crusade o at riot ism. >, In lKUO, the year when the firs a panose embassy arrived in Wash iigton, the minister who signed th reaty was assassinated, and fron lint time on the islands were in ai proar. Foreigners were killed aa Jgations burned by individuals am y roving bauds of outlaws; but ii line, 1SG3, the mikado was persua.l d to issue an edict serving notice f oreig-ners thai they must leave th ountrv, and closing all the ports o lie empire against the world. Th hogun found liimso.ljf caught be tveon the authority of the mikado 01 lie side, the guns of the treaty pow rs mi the other. His request to In llowed to resign was refused, and In as forced to play his difficult roh the end. As soon as the imporia lid reached the Chiosu clan theii lief decided to begin warfare on hi: ivn account, and began at once t< irtily the Strait of Shimonoseki hicli lay in his dominion. Meanwhile the danger to A;nori ns in Yokohama had already be?ine serious in April of the sanw sar, and our minister sent word t< aptain McDougal of the Wyoming tat his guns were needed to protect merican lives and property. Mc ougal, who havj been cruising in t lin search for the Confederate miser Alabama, brought his shiq' ^ okohama, where it became a re ige for American residents unti tie ?|uarters could be found for then 11 shore. On the 11th ot .Inly word panic tha ic American merchant steamshi| ennbroko had been fired upon with nl warning in the Strait of Shimon seki, and rumor had it that she Inn ecu sunk with all on board. Mr )ougal had already received order i> return to America, but, being inn who knew his duty when he sa\ I. he weighed anchor and arrived o| he eastern end of the strait on th veiling of the loth. I lie great inland sea of Japan nat "ws at this point to a channel abon lirec miles long and from one-hal <> one mile wide. A small town lie I the foot of the bluffs, which s ontrols the channel" that it has bee ailed "the fiibraltar of the Japm se Meditcrranean.'' Through th! hannel the tides rush and swirl, rot ealing shoals and sunken rocks s langerous that the place has long bee anions for shipwrecks, yet il is cry important waterway for com nerce. Captain McDougal. therefore, ha ' lace the problem of succredin n!:i his armancnt of six guns. ()| ?<?sed to hiin were three armed ve> els. mounting eighteen guns, with I ring' ot batteries mounting thirl tins, wiiich he could not reach froi he narrows. Without charts, all h onld depend uipon was the fact tha he I.ancetield, which wa.s ihe largos t the enemy's vessels, drew as mnc rater as his own. The two .lapanes ilots that lie had aboard prove at her worse than useless. At 5 on the morning of Ihe 1 (>t he Wyoming got under way. Signr uns announced her entry into th trails, an 1 as soon as she came willi n range the batteries opened fire, t i'hicli the American made no re pi ml il the real knot of the straits wa cached. There lay the larger bal erics commanding" the narrowof art of the channel; beyond, in moi ipen water were Ihe three, nien-ol rar, all heavily manned, with Ihei rews yelling defiauee. These sliij; mv I lie bark Daniel Webster, th rig La n rick and the stoamshi ynncdlield, all oddly enough Amor: an vessels purchased by the Chios Inns-men. In the batteries, too, wor ino eight-inch Dahlgren guns, whic lad been presented by tlie I'nite Males to Japan, with little thougli I' their future use. As McDougal approached the nai ows he noticed near midchnnncl ino of stakes, which he rightly guess <1 had been used by the Japaues tinners to giiage their aim. Accord ii'.rlv in spile of Ihe jabbering of hi 'ilots. Ire steered his vessel close i nder Ihe batteries. Tliis shrewd e>s probably saved the Wyoming or the batteries at once opened roniendous fire, which would hav link a dozen vessels in niidchanne nt which simply tore through lie igging. She soon cleared Ihe nai ows and bore out into more ope aler. wlieiT she could hit back. "All right!' sang out MVDonga' 'we'll go in between those vessel an :'ko the steamship!'" AI this poin fresh battery of four guns opened liking lire on the Wyoming, whicl nsworod with a single shell so ae uratoly aimed that it tore the entir I, I - oat:cry tt> pieces. s Dashing ahead sin- came abreast, of ' - the liark a( close quarters, exchange.1 1 e broadsides, tlron opening almost si multaneously with her port guns on. 0 il.e *die fought tlio two ships at f the sai.ro Imiio". The firing was .so close that the long guns of the Wyo1 ininjr seemed almost to touch thv _ muzzle of the enemy, and it was in c> these hot minutes that most of the it American loss occurred. The Japanii esc handled their .nuns so rapidly :l that the brig alone managed to pour [1 three broadsides in the Wyoming as ii she pasesd. On tlio latter every gun . was worked to the utmost and every r> shot told on the hulls of the enemy, e Out in clear water MeDougal f rounded the bow of the steamship and e manoeuvred for a fighting position. - Then, ignoring the shore batteries i and the bark, MeDougal ordered his - ll-inch Dahlgren pivot guns trained t? o:i the steamship. Both shells took p effect on her hull, spilling olTicers I ' ? anil crow out of hv?r in hot haste. An1 other from the forward pivot tore | i' open her holier and exploded in the * town a quarter of a mile distant. In1 stantly the boiler blow up, and in a i ' < cloud of smoke and cinders the i Laneelield went down. Meanwhile the Daniel Webster had been firing - as fast as the guns could be loaded, j > and the six shore batteries were a > continuous line of smoke and flame. . Mc.Dougal now trained his guns to reply. In a few minutes the bark was . torn to splinters, and then one bat- j i terv after another was silenced. When j j satisfied that he had destroyed every i thing within range he turned leisurc ly and steamed back the way he 1 came. On the way back through the* i narrows lie was 'practically unmolested. t The action on the part <>f the WyoJ ming had lasted one hour and ton - minutes, in the course of which she - had been hulled ton times, her rigging 1 I was badly cut, her smokestack was - perforated, and she had lost five kills ed and seven wounded, one of whom a died the following day. Hut the v Japanese had lost three ships, their It batteries had been shattered and c their casualties must have been over 100 inM. The battle was won by the coolness i t and nerve of the American command- I f er. but a fine feature of the story is s that while most of the Wyoming's | 0 crew had never before been under j n fire, even when the ship was aground j i- ami lh<> pilots paralyzed with terror | .? j the Yankee tars handled their guns i i- like veterans. Those were the days, ] <i too, when a white man caught by lire i> insurgents, en lured (lie unspeakable a i death of the "torture cage," and i- they knew that their captain had ordered that if the ship became help- I 1 j less by grounding or by shot she was ' ... {to be b'own up with all on board. i- I William K. Orillis. the author of a i- dozen books on the Orient, prefaces ii i his account of tiiis b;i!tle with these ! v carefully chosen words: "Tn the an- j n mils of the American navy no achie ovemeiit of a single commander in a ( sinyie ship surpasses that of David ,t MeDougal at Shimonoeski."?IMiilII adelphia Ledger. o d NATIONAL BANK STOCK FOR SALE. h T will sell at public outcry in front il of the court house on Saturday. 14th March, ten shares of National Bank i. slock. o D .1. 11. Oliappell. 's ASSIGNEES SALE OF MERCHANt DISE. tl Sealed bids will he received by the i e umlei signed until Wednesday. the r- l^th day ot March. 100S, at twelve r o'clock noon, for the stock of dry is goods, shoes, clothing, notions, etc., e located at 101-1 Main Street, Newberp ry, S. (and the stock of groceries, etc.. located at Oil Main Street, ? Newberry. S. holli of said stocks e merchandise having he en assigned h to me on the !2JMh dav of Kebruarv, 1 1008. by tho Smith ('ompany of Newit berry, S. ('. The appraised value of I lie dry goods, shoes, clothing, etc., is _ and the groceries, etc.. is $11 (>(>.(>:?. Practically all of the merchamlise is good new stock, e Inventory of both stocks of goods 1- may be seen and inspection of the s stocks *may be ma do upon appliean lion to |he undersigivod. I- Terms of Sale: Cash. Bid? are inr. vited on one or both of the slocks, bill a are required to be made separately, e il on both slocks. Rach bid on the 1, slock of dry goods, shoos, clothing, r etc.. must be accompanied by n certi - lied check for $100.(10 and on I he n groceries, etc.. by a certified check for $.")().00. payable lo the order of 1. the assignee, as an evidence of good d faith on the part of the bidder. ! The assignee reserves the right lo a reject any and all bids. Ii Cole L. Blease. - Assignee and Agonl for (he Creditors. e Newberry, S. 0. * JUST AF AT Anderson's 1 Complete line < Combs, Side Cor Hair Barretts, St Beauty Pins, Cuff tons, Hand Bags, Collars, Veil Pins, der, Toilet Soaps, Don't miss our ment. : ; Anderson We are always reasc TWTlffI?fOlllillllMiill. lYTBTTiTin KEtaHBOBSnSHB I AIR CA? II Often fall to the ground for tl ( j tion. They probably would 1 | if they had had something sul I Bank Account. |, Are you going to let yours I :, foundation, or are you going l< {' today and build a foundation t tjj ever stress is placed upon it. |jj Our ./ per ct. interest will I 4' | Interest Paid in Our St Tile Commet S OFNEWBEl | JNO. M. KINAR J O. B. Mayer, Vice-Pres't. I The Voile Sk I round thread I Voiles, trimmed I bands, Satin str I and Buttons. Black from $8.50 Silk and Hetherb! ^ ^ ,||l|||l|lf|j|;|) \ 1RIVED , A , { V * 10c Store. > of Ladies' Back | nbs, Hair Pins, ' lirt Waist Pins, Pins, Cuff But, Purses, Belts, 1 , Talcum Pow- * etC. ; Notion Depart a I a y 10c. Co. 1 busy, there's a i >n. , V * j 5TLES 1 ic want of a solid foundaliavc retained their shape J )stantial to rest upon?a fl fail for the want of a o open a Savings Account hat will withstand what- I A I < help lo strengthen it. i . I i avings Department! |i WWWU?? |;i rcial Bank, j RRY, S. C. J D, President J. Y. McFall, Cashier. \ irts made of ^ and plain j with Taffeta 1 'iped, Ribbon I to $12.98 each. ? | loom Petticoats. I ( i