The herald and news. (Newberry S.C.) 1903-1937, March 17, 1908, Image 1
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VOL XLY NO 22 NEWBERBY, 8. O., TUESDAY. MARCH 17. 1908. TWICE A WEEK. $1.50 A YEAR
' STATE SUPREME COURT
, - TAKES JURISDICTION
SAYS JUDGE PRITCHARD'S ACTION
IS A NULLITY.
Unanimous Opinion of South Carolina
Supreme Court In Re the
Dispensary Situation.
J11 a decision luvnded down on Saliirday
afternoon, the supreme court
of South -Carolina 'holds that Judge
Pritchard had no jurisdiction I?> pass
[i ......
J an order restraining; it'lle winding; u]>
commission of the State dispensary
I from paying1 out the money in its
hands, the court (holding* that these
are funds belonging' to the State of
Soivth Carolina, and that the State
has not consented that any court
/ should adjudicate tire debts set up
against it. for liquor sold to it.
The court holds that Attorney Genoral
Lvon is on tit led to a writ of
mand'aimis requiring the commission
l. 'to pay out I lie sum of .$1.5,000 for the
L\ use of the attorney general, as approV
printed by the legislat'iive, but the
r- writ is not issued as yet, the mailer
being' held in abeyance, giving Judge
Prilchard an opportunity to step
aside and prevent a clash of anlhority,
if he should so desire, in view
j of the decision of the South Carolina
court. The court says it is a well-recognized
principle that the United
, States (supreme court, follows the dei
, cision of the State supnenie court in
the construction of the State constiM
tuition 'and statutes, and that, of
H course this rule is binding- on the
|ij United States circuit court. The
B| State court, therefore, it says, will
H not. assume- that the construction
By which it has placed .upon the Stale
j|? const ill nl ion and I he statu! es in quesiy
tion will be disregarded bv the federgE
al courl. The issuin<r (lie peremp
tory writ of mandamus is therefore
I / left in abeyance.
In other words, the State court
B intimates it hat Judge Prilchard should
r\f now step aside and permit the inter U
pretation of the State supreme courl
I % to rule. If he does not <lo so, the
g ease will finally land in the Uniitel
States supreme court.
1 The decision, which was written by
g Mr. Associate Justice Woods, and u
concurred in by the whole court, is a
lengthy document, and only a synopsis
is published herewith:
8] Tho Decision.
'i | The Stale of South ^Carolina, ex rel.
\ ft J. Fraser Lyon, as attorney gen.^r1
in a'' P0'11'0110,1"' vs- W. J. Murray,
It |k Jt>)hn McSwcen. C. K. Henderson,
7 Hp Avery Palton and B. F. Arthur, as
V mm! Stale dispensary commission, r>
11^ spondents. Opinion by C. A. Woods,
Bffll - The general assembly by an act
approved 24tih February, 100S, api
BTapropria ted the sum of $15,000 to he
1 Spaid by the State dispensary com KSliiiission
oul of any funds iin its hands
SMKnto the State treasury for the use
/ (if the attorney general in the con^
/ fquct of ciMmin.nl prrseditions against [
im 'jMersons charged wilh violations of j
I I conncicled in any manner with j
II Ifr10 dispensary. For the enI
^oi'eeinent of his official rights Hon.
Fraser Lyon, attorney general,
Wv filed his petition for miandamus on
-2d March. 1003, in Ihis courl agtainsl
r ii5T* ^riurray, John McSwcen, C. K.
If fflleiiiderson, Avery Pal Ion and B. F.
I rajrlhor, as Ohe Stale dispensary co I
.'f?ss,i?n. The petition alleges lire cu.?l^f
Body 'by live commission of Slate
^l"ds sullicient to make (ho payment
ox the sum appropriated, the demand
i payment 'by the -Slate ilreasnrer,
;>'ffid the refusal by the commission to
";'Jk nipliy with his demand. The pe!iII
n -alleges the payment by the comt
mjpsion of the ^nm appropriated lo
\ oo a plain ministerial duty required
?y statute, and its pray or is for a
H 1 of mandamuis requiring the perls
jforma.nce of this duty. Upon this po|9
fltition tihe ehief justice made an order
life. respondents, as the
State dispensary commission, to show
wKr' ?i use in this court on 4th of March,
mm li 08, why the m|andam<us should not
^ |T (Continued on page two.)
SENATOR BLEASE'S
PLATFORM STAT)
HE WILL RUN FOR GOVERN*
THIS SUMMER. '
Will Discuss Financial Condition
State and Other Matters?Whis
key Question.
Senator L. 'Hleasc was st
vest onlay :m<l asked what would
his plat form in the gubernaloi
eampagin this summer. I* will 1)5
called that Senator I'doase annonn
his candidacy for governor sn
weeks ago. Senator Hlea-e said:
The principal issue which I si
discuss in my campaign will h<?
financial situation and condition
the Slate, as in my opinion there
never been a time in the history
the Slate when tins subject deser
more iserious consideration llhan
does now. The extravagance indulj
in hy a majority of holh houses
the ?\MU*ral assembly seems to me
he suliicienl to awake the citizens
of the Stale lo a roali/.ntion of
fact thai seme thing must he done
head off the creation (if row olli<
the handing out of fa 1 jobs, ;
rai-inv of salaries '-l4 legislators :
others, in order to stop the ever
creas-in'-i' appropriations and l?he r;
iug of taxes. For four years T h
beg-ed and pleaded with the senaU
stop this extravagance, and now
find t!iat i?i order to accomplish a
thing ! must appeal to the higher
hunal. the greatest of them ail,
peojde themselves. And standing
on this platform principally, I >
submit my position and claims
them and ask for their etulorsemi
promising if elected to do overfill
within my power to accomplish
" nils, even ?f I ?"hould have to
I he power given under the consti
lion an,l veto the Acts of the les
lature. I am in favor of running
government on a liberal, but not
travaganl basis, as is now being dc
and in making our tax levy, b
county and Slate, a- low as po-si
for a safe and economical maun
ment of our government.
1 am in favor of biennial sessi
of the general assembly.
T am in favor of liberal appropi
tions for our Confederate soldier.I
am in favor of liberal but not
travagant appropriations,- as i
given, for our Stale institutions
learning, so that all ot tviem may
kept up to a ihig'h standard.
1 am in favor of building up
free school system, so Miat ev
while child in this Slate may be j
en it u'ood common school educati
iu comfortable and convenient sell
houses, and in paying teachers a *
ticienl salary to secure the best.
T a in opposed to the higher edu
tion of tihe negronance, and in fa
of the taxes paid by the white y
pie going lo and being used only
the education of the white childi
1. am in favor off a 1 aw requir
either a marriage certificate or
resist ration of all marria.'es in
oflice of the clerk of the court of
county in w'.iioh the marriage la
place.
T am iu favor of the strict onfoi
ment of the vagrancy law, especif
around towns and cities.
'As to the whiskey question: T
today, as T have ever been, an ard
believer in the State dispensary s
tcin, and I stood the hot fire ot
live agitation along 'Miis li.no. i
fouuht for the system, and when
was defeated I slated that 1 1
made Ihe best fight T could, and
lieved in the minority yielding to
will of like majority. T believe m
us the majority has spoken and
question has been settled against
State dispensary and in favor of
eal option, that, in order to be In
democratic and honest, we should n
a license system, thereby giving
each county, under certain resti
tions, the right lo vote upon I
question. Dispensary, Prohibition,
License, placing in the Act the stri
est enforcement of tho law as prov
ed for under tho constitution, and
a county should vote in license, p
hibiting, under any eircumstanc
(Continued on page five.)
AUDIT OF BOOKS OF
?1) CITY OF NEWBERRY
Dli REPORT OF EXPERT ACCOUNTANT
C. J. MOORE.
of Report for the Two Years of 1906 and
1907?Thorough Examination
of Records.
;en Mr. Oh as. .J. Moore, export aceounthe
ant, incorporated, lias made a tlioria!
i nvh audit of the records and acre
counts of the city ol" Newberry for
cod tin1 years 1000 and 1007. Tlie report
une of ca>h ivcoipts and disbursement ;
for the years 1 00(5 ami 1007, which is
lall a part of the report, was published;
the in detail in The Herald and News on
of February 11, and again on February
has 1-1. iand is omitted from the report,
of below.
vvl The report was given out to the
it press by 'City Clerk and Treasurer
nod F,ugene S. Worts.
of Following is the report:
l>? Newberry, S. O.. Dec. 21st. 1 fl()7.
hip The lloii. Mayor and Hoard of
the Aldermen, the tOily of Newberry,
to Newberry. S. O. (lent lemon: 1 have
res, examined the records of accounts of
ind the city of Newberry, as kept by the
m l treasurer of said town, from January
-in- 1st, 100(5, to December lOlh. 1007, in:iis
elusive, and 1 beg to submit tlie folave
lowing report :
to The system is vogue during the per*
1 iod under audit is very faulty and
nv- inadennate.
tri- During the year 100(5 there was no'
the ledger kept at all. the cash book servup
ing as the final book of record.
vill On January 1st, 1007, a single onto
try ledger was brought into use, but
>nt. only accounts with revenues and (Using
burs-ements for the current year wore
re- entered on this book.
use Nowhere in (he books of records
itu- kept during the period under audit
is- was there any accounts kept with captho
it a! items, and it is a matter of imox
possibility to arrive at a statomen;
me. of the assets and liabilities of lit"
otli city, front the records 'under audit,
hie. All receipts for the period under
ig?- audit are accounted for, and there
are vouchers for all payments. There
on.? seems to have been some carelessness
on the part of the treasurer in the
i'ia manner of handling and recording
> receipts and disbursements, and sunox
dry errors occurred, which are listed
ioav in tlie various exhibits attached hereof
to. The cash on hand, however, talbo
lies with the amount called for by
Hie books of record, showing that the
the errors a.re the result of carelessness,
cry and not of intention.
i'iv- I beg to submit the following exion,
hibits:
ooi Exhibit No. 1.
;nr- This is nil analysis of tlie revenues
and disbursements of the city for the
ica- period under ,audit, and an itemized
v<>r statenvent of Mie conten:of the
ieo- cash drawer.
f<?' . I wisii to call your attention to the
'I'n. following ileus in the cash drawer:
iug Chock cf B. M. Dennis, dated Nothe
vembjr loth, '0(5.
the ('lick of the Ashely Aranufaci'iirthe
iiv* 'Company, dated April 3rd, '07.
Aes I here are also other checks bearing
dates that indicate that they should
ee- have been deposited or collected beilly
fore this time.
Exhibit No. 2.
am This is a list, of sundry items that
out 1,n(* ,)oen ?mitted from the cash book
vs_ in error. Items NTos. -I, S and 0 were
all lurnished by treasurer from memory. |
m,l Exhibit No. 3.
jj 'This is a list of sundry fines that
in(j had been paid, but no entry having
be- ',0('n made on the cash book,
the Fxhibit No. 3a. shows sundry fines
)W( 'bat have never been paid. In miosf.
Il)0 instances the fines seem to have been
thc j guaranteed by same responsible parlo
I {y. I his is attested by the honorable
j]v I mayor and ('ho treasurer.
j Exhibit No. 4.
to ; f'i.is is an exhibit of sundry errors
ie- discovered on the cash book. Ti. seems
lhc that a casih balance was never ator
tempted, therefore these errors have
hitherto remained undiscovered,
id- Exhibit No. 5.
if J'liis is a list of Sundry errors in
',f?- addition and calculation on vouchers,
es, Some of these differences should be
? recovered.
t Tlomls No. 7 and S are included in!
exhibit Xo. 4.
1 beg h> suggest that a committee
be apointed to uot up a list of the 1
various properties belonging' to the 1
city, iunl thni they place values mi 1
I same: tiiat the clerk be required to M
gt up a statement of all liabilities 1
of the city. ami that he analyse th\?
bonded indebtedness. showing; the |
late of each issue, the atHount, the
per cent, of interest each heat's, the
times to run, ami all particulars con- 1
eerning; each ami every issue. Then j 1
upon tin* above information, a system | 1
of double entry books should be in-1 align
rated. i
There should be separate receipt forms
for each source of revenue of the
city. These forms should consist
of a stul) and receipt and should be
padded, each and every stub and re
ceipt being numbered. Kadi and ev
ery receipt lorn front1 the pad should
be accounted for on the stub bear
iti'-i" its corresponding- number. The
total amount of receipts should be
deposited each day.
All payments should be made by |
check, and only upon the authority of !
a properly signed warrant on the'
treasurer, 'fhese warrants should he j'
is-nied by the chairman of the var- I
ions commit lees, and shouhl be pass ed
to the treasurer, attached to the
approved invoice.
The treasurer should make himself
responsible for a sufficient amount ;
of funds to defray the sundry little'
incidentals that are too numerous
ami too small to be paid by check.
An amount of about fifty or seventy-five
dollars will do for this .purpose.
As he makes those sundry little
disbursements, lie should list same,
and when this fund becomes depleted
sufficiently, he should have this list
" <). K.cd" by the proper authority,
and should then 'draw a check to
cover, distributing- the charges to the
various accounts.
There should be used a special col- I
unin cash book, with special columns '
for all accounts to which frequent j
postings are made. T attach hereto a j1
drawing, which is merely a sugges- |'
lion. 1
There should be accounts kept in '
the ledger with all the various assets
and liabilities, revenues and disbursements
of the city. The treasurer'
should be required b> balance Iris
cash once a day. and he should pre- I
sent a trial balance once a month. {
Tn conclusion, T beg lo state that
T will be pleased to furnish any aid I
T can towards the installing- of an
'efficient system of accounting for till"
city.
Respect fully.
Chas. J. Moore,
Incorporated Accountant.
Exhibit No. 2.
Sundry Tlcms not entered on Cash
book prior to audit.
Receipts.
1.J. M. Counts, 5-11-OH. wood$ 1 00
2. Dave fiodlock. 12-1-00.
cemetery lot .*>0
3 Dave Oodlock, 12-10-015.
cemetery lot f>0
4. Newberry cotton mill .. .. 4P> 25
5. Jno Daniels part on license 50 00
0. Taxes est. J X. Martin .. 50 4.1
7. Taxes SoulliVrn Railway
Co .152 14 ;
K. Rent treasurer's office. .. 17."? 00 J,
0. Street duity 170 00
Disbursements. j i
10. Tnt.'rest on overdraft .. 1 00 j
11. Right of way, Copland
Bros 305 00 !
Exhibit No. 3.
Police Court Docket.
The following fines collected had j
not been entered on cash book a,1
commencement of audit:
Pag'e of
Docket. ]
04 St. M. Tionvar $ 5 00
111 Will Ruff 2 00
121 William fJilder 50 00
124 Susie Fair 1 50
141 Rosa Meredith 1 00 I
140 Monroe Jones 3 00 i
154 Will Chalmers 4 0(1 >
104 Baa lam Sims ,10 t
105 Will (Chalmers .1 00 i
100 Pope Reeder 5 00 t
184 William Cilder. 12-0-00 . 100 00 i
170 Tom Jones, 0-21-00 .. 10 00 11
101 Dau Brown 10 00
44 Bub Shears 10 00
Exhibit No. 3a. f
Police Court Docket. | \
1907.
The following linos arc unpaid:
'ago
t ) *? (ieotge Miller 1-22 .. ..$10
101 11mIIif Monro. 1-20 10
Sew Docket
'age
1 RalT Kiciielbergor. 2-2S j 0
0 ?Ti?!isi Davis, -1-20 2 0
0 (iVoi-lv Miller. 1-20 ;{ 0
0 ('harlo.v (!ivi'ii, -1-20 .. .. :{ 0
S H-iyno Moore. fi-1,9 if,
10 .]iM> Ilonly, 0-22 5 0
10 IVess Kin<4', 0-20 10
22 f!eor?o Miller. 7-0 10 0
2^5 .loo 1 Ifiilv. 7-0 ()
M Sam Washington. 7-IS . . *>() 0
20 Will llrasnion. 7-2.'? .. .. 2 0
U laicinda Bates. S-2(? .. .. 2 5
52 Oil it' Wilson. S-lt 1 . . f, fl
50 T. (J. Williams. 0-10 .. .. f> 0
50 John Wilson, 0-2S -If)
K> Will Ruff. Il-o ;{ ()
?1 Isaiah Ronwick, 12-5 .. . .10 n
>2 I lamp Robertson, 12-11 . . 2 5
>2 Arthur .Tones. 12-11 .... in
1.'l I'M .loin's. 12-17 3()
I ho following ease arc in appeal
i? -Tolln riraham. .'5-20 50 <]
20 Polly Speak.-, 0-2-1 10 0
2.'! Annie Coleman. 7-(i .. .. 25 (1
Police Court Docket.
1006.
I lie loHowinir lines are unpaid:
Pa ye
121 John MoMVirris, 2-S . . . 2 <
117 Will R?IT, 1-20 . . 2
120 -7?111n Oiidon, 15-7 ;{ C
1.51 Pop-.' Reoiler. .'1-10 .. .. 15 (
I .'52 (X .J. Havird. .'5-2-1 ;j (
l.'5."5 Tom Jackson, -1-2 5 (1
P5S John MeMorris, -1-10 .... 7 C
1.50 Jack Dean. -l-2,'l (1
1-15 John MoMorris, 5-2S .... 5 (]
110 James Harris, 0-22 .... | (]
Exhibit
Krrors discovered in Hooks of acc
1
[ asii hook .5-10, Stafford Stamp W<
Hash hook 0-25, 11. (\ Sho.dv .
P:Hi hook 7-11. 1-:. R. Bradley .. .
['ash hook 10-1, K. Howard Cloek <'
['ash l)ook 11-S, Southern IJell Tele]
Cash hook 12-15, Mrs. John ('. Adan
Pa-jo 27-Ca-h Rook, 'error addition ,
Pau" '{7-Cas-li Book, error addition
Pare oMY.sh Hook, error addition ,
1
( ash hook 1-11, John Graham reeei]
( as.) hook !5-l 1, H. Shelly payniei
Cash heok .1-23, James P. Sheely, a?
('ash hook 5-1, Souther)) Bell Telej
Pad) heok 0-10. F. W. Biggins
Cash '"ock 0-17. Waller Kvans & C
Cash Hook 7-2. H. F. Addv
Ca-ih hook S-10, R. O. Kpting P. If..
Cash hook 10-1, Frederick Disinfect
Ca*di hook 10- 10. H. D. Kpliny. P. I
Oa<di hook lO-.'iO. A. T. Brown
O.sh hr.ok lO-.'U). R. p.. |);n-js
Cac!) hook 10-1. P. p. Hipp
Cash hork 10-2. p. O. Kptinir, P. 1
Cash hook 10-22. 'I'mveiling Kxp |
Cash hork 12-22. Sludehal<or Hros
> a l ho'ik 12-1, Joseph 11. Ilitni.t
Page 0.9, , jvMilxn
Pane 7-1. error addition
Exhib
Krrors discovered in invoice-!, e|
I N7. & \,. RaiVvay, <1-211-07 . .
- C., N. Si I,. Railway, 10-215-07
'? P. A. Clnffin <1- C>., 2 27-07
' C. C. Davis, 07
"i N>whorry Water Works, 1-.'5-07 .
[? Police expense, 0-1-00
7 Pay roll, I 1-2-07
Cheek was drawn for $55.12, In
5 Pay roll, Oct. If). 07
Chock drawn for .^17.25. hut item
> Pay roll, May IS, 07
Check drawn for $S1.05.
TOOK WIFE FOR BURGLAR.
Hugh Hollis Kills His Wife and i
Exonerated by the Coroner's
Jury.
Washington, March 12.?Hug
[Tollis, a treasury department elerl.
vho camo here from Ixniisville, an
;erve.(l for a time as ptivate secretar
o the commissioner of internal rt
;enue, shot and kill.d his wife n
heir home on N'ewioj. ' reel, in tli
I'ctiiweste.'ii rjoction i/r *Jicity, oai
y today.
IT ?lhs proejircd a n velvet- a day o
w<? a no ami look leave from his of
Te ve-d'.-rday | i practice with |.h
veapf.n. About 3 o'clock this morn
155 Hubert (Soldon, 7-.") . . . . 0 .")0
15(1 Will Melvinney, 7-10 ... 2 00
157 Hon (Iannis, 7-17 . . . 55
0 1.17 -I. T. Withers, 7-2.M .... 1 00
() 102 Anderson Kennedy. S-(5 ....1 00
100 (looruy Washington. 0-11. 1 00
172 Will ('hambors, 10-.1 . . 10 00
0 172 fJroonwood Washington.
0 10.(5 ! 1 25
0 177 Frank (Jalcii. 11-1 M 00
0 1SI |?Ycd Woberlsun, 11-10 .. 1 00
0 IS2 Knima Dullio. 11-20 .... I .'10
0 1SS Walter ICoon (M linos).
n ii-2o mo oo
0 ISS (ioor.no Miillor, 12-20 .... 1 00
0 Tlio follow i11lc eases aiv in appeal:
0 110 Kohl. IWlerliold. 1-21 ...100 00
() 1 IS l'ross Cray. 0-1.1 100 0(1
0 71 IS Press uray. 0-1.1 . . . . . 25 00
0 171 Pinknoy Williams, 0-1 I.. 21 00
0 (Sinoo Iho report a number of fino>
0 referred to liavo boon oolloelod.)
0 Auditor's Report 3.
0 The following lax reeoipts wore bo0
in?' held by (ho treasurer, Iho items
0 having been marked paid on Hie lax
0 book:
I: 1000.
10 .1. L. Williams $ II
O William M. Thomas 1(5
0 .T. .1. Vines 10
X. D. (irnbber 2 Ml
Preston Pominick 0 01
Mrs. (I. K. Doininick I (il
, Prod 11. Doininiek 2 01
10 i E. S. Werls 2 01
M Nathan ('. Chancy - II
10 1007.
K) IV M. 11'tiIchinson $ I 07
K) Hon. Alan loiinstom* 102 10
10 lion. Alan John-stone 0 IS
10 Mrs, Clara McCrary 11 MS
10 lion. (JooriiV S. M*?wor .. .. H 21
i0 lion. (Jeor_i?e S. Mower .. .. dMM 02
K) .1. T. Nanee '10
; No. 4.
mint, city of Newberry, S. C.
906.
As en to rod
on B. Ami of eh.
irks $ 7 S7 .f 7 12
los 72 l :js oo
10 oo II 00
o 100 oo 71) 27
>hone Co I S1 0 IS
is 1 01 .1 71
20 00
!!> 10
7 00
1007.
>t $ i ( o $ do
lis.*. 110 10 110 00
(.payments 20 04 20 0.1
mono Co 1 M4 2 OS
247 20 217 00
o 12 05 12 71
0 01 (5 07
7tf 75 7S 05
[ant Co 10 00 !) 00
{.. . ' 57 21 17 21
MO M0 MM M l
10 00 20 00 f
51 12 51 01
? OS 12 51 12
W. P 1.10 00 111 (50
. MIV. Co MMS 00 MMS S2
lynt erod I \vi<\? . . . . M0 00
1 00
50
it No. 5.
c.
fs Klinild hrt
$ 17 7S $ 17 70
S (54 (i 51
51 01 5M M0
1M1 77 1 Ml S;i
'17M 02 I OS 02
2 72 2 M2
OS 12 11 12
it item entered on C. I'. $0S. 12.
57 21 17 21
entered on ('. II. $.17.21.
SI 0.1 SI |1
* i i- ta mmm?mmmmmmmm nan? ?< mmw ?? M - ,-r -rr, ,|
in,' his wile attend their
child and a< s.?o iot:rt to ihe, bodis
side llr.lli: awakened. milled the revolver
i'rom hvnoalh liis pillow and
fired, in^tan'ly killing tihe woman.
Immediately lie wont to sleep ?#ain,
h and know nothing of Hie shooting until
llic was afterward awokonwd. Ho
d has always borne air excellent ropny
latum and lie declared he was
i- dreaming of burglars. Tlio coroner'.'*
it jury exonerated Hull is.
"Why should a man want a drink
after 12 o'clock, anyhow?" irupiires
if the Detroit News. Don't know; probably
for (lie samo reason that he
e wants one after 11 o'clock, 0 o'cloek,
i- 7:M0 and so on.