The herald and news. (Newberry S.C.) 1903-1937, April 14, 1908, Image 1
f * . I
VOL XLY NO, '29 NEWBERRY, S. O., FRIDAY, APRIL 1& 1908. TWICE A WEEK. SI.50 A YEAR
DID NOT APPEAL TO FULLER.
\
Attorney General Made no Motion
Before Chief Justice in Regard to
I* Dispensary Litigation.
"Columbia, April 10.?'Attorney Genoral
Lyon returned this morniiig from
Washington, where he lias been for
7 * several days, accompanied by Mr. D.
W. Rountree, of Atlanta, of counsel
for the dispensary commission. Mr.
Lyon stated very emphatically that
the dispatches sent out from Washington
to the effect that he had mad.?
ta motion before Chief Justice Fuller
in the dispensary matter wore erroneous,
being utterly without foundation
and unauthorized by him. lie
said -tliat as n matter of fact he and
Mr. Rountroe had called on Chief
Justice Fuller and had talked with
him in regard to the procedure which
could be adopted to get the ease up
speedily before the highest tribunal in
the land, but that he had made no
motion at all. The case, il appears,
has some unusual features, and there
is little precedent for getting tho
matter before the Supreme Court
without going through the usual formalities
of appeal. If a motion were
made before the Chief Justice it
would be a motion for an order to
show cause why a supersedeas should i
not he granted, but il has not bean !
decided to take this step. I
Mr. Lyon left Washington last
night, Mr. Kountree having gone to
New York on other business the day
before. Mr. Lyon spent two days in
Washington.
The order of Judge Pritehard granting
a supersedeas on conditions was
not served until today, when it was
received through the mail by Chairman
Murray, of the dispensary winding-up
commission,, and I he other
members of the commission, as well
as by Attorney General Lyon from
the ollice of the clerk of the Federal 1
court, in Charleston.
I he order is dated April 8 and rv- 1
quires compliance within live days j
from date of order, not five days from ;
sorviee, so that the commission has I
^ now only three days to arrange their
personal aitairs so as to take an enforced
absence from business for a
R longer or shorter period. The com|
mission will not give the heavy bond
required by Judge Pritehard, and will
not surrender the collateral, which reV
quires to be surrendered, so that th?
f commission will he in contempt in refusing
to obey the order to deposit
the collateral with the Federal court.
As a matter of fact the collateral is
not in the possession ()i? the enmmis|
sion, but is with the Stale treasurer,
^ and has been in his possession t'or *
long lime, even before the hooks ami
records of (he dispensary were placed
in (he treasurer's vaults. So I ha t
the commission can make answer that
the collateral is not in ils possession
at all, and the\ "anuot comply with
the primary and most import aft?, eondi
I ion of Jud'ge Prif chant's order. .Of
course, if Judge Pritehard can get
hold of the collateral he lias the case
in nix hands absolutely, and, of
course, the State is not going (o surrender
the collateral.
' Judge Pritehard may serve an order
on State Treasurer Jennings, but. it
happens thai Capl. Jennings is in mississippi
and not at this lime in the
jurisdiction of Judge Pritehard's
. court, lie is having a pleasant visit
^ out I here and is doubtless no| in any
'hurry to return, unless he is requested
to come home by Governor Ansel. Tl>$
governor will not, however ask the
treasurer lo conic back to give up the
'collateral, and he will not instruct
any one to give i( up, because the'
State is going to keep its hands on the |
collateral. These collaterals were de- j
posited as security for thp deposits of;
^ the dispensary money with the various j
banks of the State, and (he banks!
will not pay out the money without j
H getting their securities back. This;
Kt point is the milk in the cocoa nut, and j
the State holds the cocoanut.
^ 'By next M/onday, the 13th, the matfcr
tor will, unless something unforeseen
I intervenes, come lo the crisis.
The Washington correspondent of
L The News and Courier telegraphed as
A follows last night:
"\ have seen Senator Clay tonight. \
He says ho went twice with Lyon and! '
l?ounl?ree to sec Chief Justice Fuller,
to get him to take jurisdu'tion of the D
dispensary case, and that the Chief
Justice promised them to give his answer
in a letter to Judge I'ritchard."
There appears to have been very el
good " foundation" for the report. w
T,
\\ ashington, April 10.?It is un- w
derstood that Chief .lustic Fuller has ti
consented to sit with dud.no Pritchard h
in hearing the application for a writ ti
of supersedeas which, if granted. I
would stay .Indue Pritchsfrd's order d
tor the appointment of receivers for (1
the South Carolina dispensary fund a
of *800.00 involved. ' R
Fuller May Review Case. 1>
Ashcville, X. C., April 10.?It is w
learned on good' authority that it is o
quite probable that Chief Justice a
M. 10. Fuller, of the United States ti
Supreme court, will call a special ses- a
sion of the Circuit Court of Appeals,
to meet at Richmond this month si
to hear (lie appeal of the South Car- <
olina dispensary commission from the ii
decrees of .Indue Pritchard in the a
I* leischinan and Wilson companies'
suits, ihc question to be presented ]?
being solely that nf the .jurisdiction nt' U
the circuit court to entertain the suit, p
It is stated that Attorney (ieneral
Lyon ami'Counsel I). L. Rounlree, of a
the commission, when in Washington < :
this week asked Justice Fuller to hold a
this term, and that a similar request ti
was made by Judge Pritchard to the ,\
chief justice. {t,
It has been customary to hold a ses- Pi
sion of the Appellate Court each
month, hut on account of the illness <?i
of .Indue CiotT and the engagements of a
Judge Pritchard none will be held un- n
less Justice Fuller orders one. Tn the s
consideration of the dispensary com- j]
mission case Judge Pritchard would f,
not. of course, sit and the Chief Justice
would preside. M
It is supposed that the Washington |t
dispatches referring lo the Chief .lus- (>]
lice sitting with -Judge Pritchard in
the case in South Carolina referred to |,
the plan to have a term of the court ii
of appeals. p,
Judge Pritchard today received a
letter from .lustice Fuller in reference w
to the case, but stared, as it vas a n
private letter, he would not refei to w
its contents. While the Chief Justice (]
is considering the idea of a special v
session, it is fpiite probable that no (|
move will he made in the case here or <>
in South Carolina by the receivers.
Justice Fuller has no idea of coming
here or lo South Carolina.
b
A Very Old Tree. n
"Hoar about Paul Shoup's ^
scheme?" inquired a Southern Paci- J1
lie ollicial, referring to the assistant '
general passenger agent of the com- "
panv. 1*
"A most elaborate drawing appeared
in an Eastern publication recently
showing a tall tree, and on the
sides, from base to tip, scenes of var- e>
ions great historical events in the si
world's mardi of progress. TTnder e
the picture appeared the legend 'Tn
the Lifetime of a California Re.l- a
wood.' (M
"iShoup sent on to the original 1\
drawing on an enlarged scale as a 11
California souvenir to be sent broad- it
casit. into all the public schools of the m
land, (lot to talking of the idea, and tl
looking at the dates on the "events, c?
changed his mind. The oldest dale t?
in Hie picture was i)20 A. D. which vi
would make the tree less than 1.100 ||
years old. Well. Jordan and several si
other scientists claim t.ha.t the California
giant redwoods are more than |)
,000 years old. So Slump is trying ri!
to get up a picture thai will show the fM
birth of Moses, the voyages of Ulysses
and tlve rise and fall of the Ro- n
man Umpire."?San Francisco Chron- j(]
icle. ti
Should the Auusta team tail the list 'I
in the race for the pennant, the pro- ot
hibitionists would find an excuse forjlv
it just across the river in North Auusta.?News
and Courier.
ol
The misundorslandin about (lie am- fi
bassadorship has not amounted to ajll
hill of beans.?iXows and Courier. j fl
rWELVE CADETS SUSPENDED.
disciplined by Faculty of Porter I
Academy?Will Probably Be
Expelled.
Charleston, April 10,?Twelve cadis
(?l the Porter MHilary academy s
ere suspended today by the faculty 1
?r damaging* properly, inter ferine a
ilii discipline and aiding and abet>>g
Hie same. Tlicy will in all pro- (
ability be expelled by the l>oard of I
uslees.
All of the cadets suspended are un- I
erclassmeu. members of the second,
iiI'd and fourth classes. Their names 'I
re witbbelil from publication by the I
ev. 11. J. Mikell, roclor of the acad- r
my. For the past few days the t
oys disciplined have beta smashing I
indows of the academy buildinsg* and !
therwise conduct inn- themselves in 1
n improper manner, so that the ac- <
ou of the faculty today was brought i
bout from an exhaustion of patience. i
It is understood that the cadets \
uspenoY'd are friends of the tirsi ;
lassmen recently expelled, and were I
icited by a spirit of resent men!
gainst Ihe authorities of the school i
? such an extent that they could not
ehave themselves lonyer, but had to '
t out their anger in damaging the t
ropcrty of the school. I
It is possible that the recent trouble
t Clenison has incited the younger (
udets of the l'orter academy to make (
bid for publicity by conducting
lemsclves in the way they have (Tone, t
t any rate, the action of the faculty
nlay in suspending 12 of the Porter i
a dots was brought about only by the t
rave necessity of reserving the dis- i
ipiino. of the school through prompt I
ction. and it is now thought thai 1
lost of the unruly element of the in- 1
Iitn 1 ion lias been disposed of and
lat there will be no further trouble \
roni the behavior or Hie cartels. ?
Most of the 12 suspended indefi- i
itelv were among the deserters who \
ft in the r-'cnt trouble, but were taU- \
ii back. There sei nied to be a well i
lanlied action among them to make
ouhle. probably with the hope of h\jig
sent home and their hope has been ^
illy realized. I
Tuesday night the most open break ,
as made by the cadets concerned in x
[lis trouble. They smashed several
indow glasses in the dormitories, cn^,
le lights off by servering the light
ires and raised a big rucus in the
o.'mitories, thereby disturbing seri- 1
usly the order of I he school.
A very determined stand has been
tken by the faculty ro maintain the j
'iscipline of the school, and this will
e done at any cost. Today the retaining*
cadets are apparently eonincel
that good behavior is the best .
olicy and have given no trouble,
'hose suspended left the academy
rounds with their belonging and will ^
robably remain awav indcfinitelv.
)
\
Better Tha.it None. I
The negro's love of titles of what- *
rcr sort is amusingly illustrated by a '
lory told by the governor of a south-. '
rn State. .i
It appears that the congregation of '
colored church in Georgia concciv- *
1 the notion that it would add great" (
: to their dignity if the pastor of 1
le church were enabled to add the v
lithils ''J>. !)." to his name. A 1
leinber, hearing of an institution in 1
ie north which would, for value re- 1
ived. confer such degree, entered in- '
> correspondence with that, end in
lew. We,ply came to (he effect that 1
ie suni of $7."> would obtain the de- '!
red dignity.
A difficulty arose, however, in that
ie congregation was unable lo raise
iore than $150. Finally, after much
mTabulation, the congregation dele- s
iled one of their number lo see the 1
ling out. Accordingly the follow- l"
ig message was sent lo the institu- *
on mentioned: 11
"Kindly forward our pastor one '
we being unable to afford the
her at this time. "?Harper's Week- *
ii
Cannes, Mi 3 perfume making town |
'Southern France, smells so power- ^
illy of flowers in the busy season I
tat visitors are often afflicted with ti
ower headache. s
/ i , , ' ' ' '
vyiVf?; i*. - /
THE NEWS OF POM ARIA.
)cath of Mr. Pink Summer?Cutting Re\
at Saw Mill?Closing of Bothel
School.
Pomaria. April l.'l.?The St. Johns '|
cliool, which was tauuiit hy Miss Lil- insl
inn Jones, closed last Thursday with ma*
i picnic ai the school house. -i
Mrs. \V. W. I'erlcy returned Salur- .
lay from a visit of several days 10 '
riends in Newberry, j s ?n
Mr. and Mis. \". L. Smith spent yos- I,,j
erdav at Mrs. (!. I). Young's. Sui
Mr. Pink Summer died on
'hursday in Kiclunoml, Va., where he, .i. ,
lail "one for treatment, lie was hn- ^
ied' on Saturday at St. Johns church,
lie funeral exercises beinu- conducted .
>y his pastor, the Uev. Mr. Sox. Mr. N
Minime1, was a member of the Pomaria S 1,N
odue of the Mlasonie order, and si\o , .u
T the Ash drove Camp of the Wood- V
lien of the World, lie was an honest s."'
nan and a uood citizen. Besides a ,l'
vife and .four little children, lie leave?
i larsre circle of relatives and friends 11
o mourn his departure. 111
Most of the stores in Pomaria will
'le.se on (loo,I Friday.
Messrs. Oscar and Lamar Featrle. of | ^
\'ewl?erry. came down to Pomaria yes- j
erila.v to visit their kinsmant Mr. ' lM,N
P.. Fea?le. j mV]
The Pomaria Sunday school will j
elebrate next Sunday as "Japan! 1
ra.v." Mr. P.. M. Xet/.ler has been ask-1 sou
d to make an address al that time on nio
he subject of Japan. the
On last Friday evening at a saw ma
nill a couple miles from Pomaria, one
here was a difficulty between two a u
K'Lvroes, fllen Ilollv and "Bunee" frit
Sowers. The latter was rijrht serious- am
y cut in the head and arm. Holly Ho.
las not yet been arrested. ^
The school at Bethel Academy.
vliich has been tauti'hl this session by j
diss Nolle Knijrlit. will close on Tues- S1M.
Fay. It is expected that an election I \ j?
vill lie held soon on (lie question of}jj.,.
'ntinir a two mill tax in supitort ofI
lie school. Mm|
The Ash drove Camp of the Wood- j,].
nen of the World will have Irs annua l vi
upper on next Friday evening" (the .<i?il7th)
al 7 o'clock. All members, mil
villi their wives, are cordially in- she
ited to attend. jvv,
S. a ,,
Pri
Will Issue Special Aiken Edition.
Viken Journal and Heview.
I'M it or Aull, of the Newberry s('n
Terald and News and also editor of
'arolina Pythian, accompanied by '" 1
lis son. Mr. Jno. K. Aull. wore in 1
\iken this week, in the interest of brii
lie coiuinii' issue of the Pythian, t!i:
vh'ch will be an Aiken edition. The I >:
Viliian is the new orjran of (lie k!M
\ui.ulits of Pythias, inauini rated' al be<>
lie last annual meeting of tin- drand Sai
jocl^'e. In view of the convention com- If'
nir to Aiken Ibis year, the Pythian b .i
vill issue the May number in the in- nal
crest of the meeting here, having a bai
pecial write-up of the city, cuts of <Mhe
scenery and other illustrations, nth
t is staled that the edition will be <.;u
in excellent piece of literature, and for
>wintr to its Inrjrc eireulalion. beiiivr the
out lo every Pythian in South far- <>ch
lina. it will be an excellent adver- wit
isenient for Aiken, which will be rea.l for
villi a meat deal of interest all over
lie Stale bv some of the best, and } ni)|
iiosl progressive citizens. The edior.
Mr. Aull. is also editor of the y(I.
Ce wherry Herald and News, one of]
he best county papers in the Stale. |
'lie IPerald and News oMce is a well I j-,,,.,
quipped olfice, beinjf one of a very I <j|(.
ew county papers in the Stale, that J Jin,|
* equipped with a linotype machine. i
''I spent the wilder in St. Mori!/.." of
aid a western p*irl. "In that, white ly
own, (i.OOO feet up anions the Alps, I he
very body wears a sweater. Skating, Dai
kitink, eoastinir, if you are not col 1 Sai
n a white sweater your dress is in- Jon
orreet. The prettiest, quaintest thint? pur
here is the way all (he do^s wear |er?
weators, too. A sweater is just the we
liinjr for a <1*o<r. Fittinjr li.-riit, leav- eon
iiv the lejjs free, outlining the by
raceful body, it is al once comfor- len
nblft and becoming:. And in St. tha
fori I/. all the doers wear sweaters, pbu
bilhloys, daclishfuinds, collies, fox br<<
friers, each capers aboul in the white tho
now in a white sweater." der
SERMON TO ELKS.
r. Edward Callendar Preachcs?
le wherry Lodge Attends in Body
?Friendship the Theme.
1 new 1<k|!>'<.> of Klks which \va?
[:!uled in Newberry since Christ?
''as been urowinu- steadily.
"?' b'ov. Kd ward ('alien,lar. who
i member ?.I* ili,' |od?v. :u 1 ho re'-t
of ili*' members delivered a
mm especially appropriate to Die
er, in tin* I-'piseopal church on
nlav eveninj*. The members attendin
a body wit 1 i their friends an.l
church was filled.
I r. ( a 11r 11?1 a r delivered a most exe;u
sermon which was yreatly oiled'.
\\\. aiv permitted lo ?ive a
opsisof the main points in the ser
n. bclievimr that il will do ?>-ood.
discussed the question of friondl>
mainly, basin trliis remarks upon
covenant made by Jonathan and
rid as found in the Old Testament
I showed how i! was demons!rated
llu' Ieachilia's of (he I'onevolont
1 Voleelive Order of Kl'ws. Followis
a synopsis of the sermon by Mr.
Ilender:
I'hen .lonalban and David made a
eiiani, because hp loved him as his
n son!.? 1 si Samuel X Y II-:;.
Wsat is Friendship?
t iemlship is a union of souls, ami
Is can only be uniled' v\ lien there is
re or less concord. I'Yiendship is
cement of two minds as of one
n the soul and body is. Of which
cannot sever but the other sutlers
eedtul separation. A man to have
nils must show sflnisclf friendly,
I there is a friend that sticketh
<er than a brother.
N n.il noble examples ol I rieiiiTship
handed down to ns in historv?
e. pure, disin:ercsled friendship,
h as that of Oresles and I'ylades;s,,s
ami Mnryllus-I )nnnn and Pyhami
111 os e i wo hcaufirul eliaraes
whom I have taken for our e\!'!<
toiiiir'ni. viz: Jonathan and Da v.
j,r. ilieni we lind i hat pure, sfn\iiim?
I l ien.I hip which can only
in?- from a noble heart and a noble I
id. Ami yet of all characters who
' u Id he in ore opposed than these
. the one to the oilier, Jonathan?
"inco, David a lVi.-ee's Shepherd
nee ami Shophoard?I wo terms
metrically opposed, and yet they
une the warmest of friends, and
1 the compact entered iiWo between
m by a solemn covenant. Destined
become true and loyal friends.
.el us look for a few minutes verv
fly at the events which led up to
> iioble e.xanipl friendship?vid
ha.|_ just returned from the
ol (odiatli of (lath, and bad
" lakeii into the service of Kin^'
il as commander of a Imdv of
"ps and also as one of hi-; olTjeiai
isehohi*. in which capacity he nios!
iirally meets with .Jonathan. It is
d for kindred spirits lo be I ocelliwithout
beeoininv sensible of each
ers worth ami so in this case. The
iracier ol Dav'.id appeailcd verv
cibly to Jonathan, and vi^? versa
nobility <>I Jonathan found an
0 in tin' heart of the peasant vonrti
h the result that a compact was
mod and sealed with a solemn eovnt
between them and a friendship
"oken till death should pari, was
lblislicd. Two manly natures akin.
here we >-.?e how if we only looke I
enough we would sec the barnics
of I'rovidcnce constantly bei"
our view. acred Script m">
ws and history tells lis how lime!
! ;?a*_ iji Jonathan proved his devol(ricmlship
lo David many tiniesi
1 some of those limes at lire risk I
his own life and final- {
warns David' by the flight of
three arrows that Saul is seeking'
'id to slay him. At this time whilst,
i! is seek in-.r the life of David,
atlian is also seeking him with the
pose id rcnewiny the covenant en d
into between them. After this
lose si-lit of Jonathan until we.
'e to 111al noble pniicyvrie uttered
David: "Mow are the nik-hiy falin
the midst of the battle! () Jonan.
thou wast slain in thy hiivh
os. I am distressed" for thee my
ther Jonathan ; very pfeasanl hast
ii been unto me; thy love was won.
fill, passing the love of women.
I low are tin* mighty fallen!"
A noble ami true LViondslii|> closed.
"Who knows the joys ol' frienship?
Tlu' trust, serenity, and mutual tenderness,
Tlir double joys where each is ulad for
both
Friendship our only wealth, our last
resort and strength
Secure against illforiunc and I ho
world.
The Friendship of Jonathan and David
Exemplified in the Teachings
of the Benevolent and Protective
Order of
Elks.
As the character. deed-, etc., oC
David appealed in .lonatlian so the
character and deeds of the Klks appeal
to stranujrs,
Stranjivrs to (lie order have by now
learned of the ?ood de.'ds which can
be credited to ils members. of the
sick, suH'eriny. and those in trouble)
visited and consoled by i!ie members
of litis order and for that leason they
h:iv?? sought admittance and are seekinj*
admittance into the order day by
day. Mutual respect and esteem i-;
an absolute necessity before admittance
can be "iiined.
David and lonatlian enter into
compact sealed' by a covenant.
The candidate for admittance also
has to enter into a solemn compact
sealed by a covenant with those whom
lie shortly hopes to share the ties of
brotherhood with.
The mutual life of .lonatlian and
David stood Cor nobility of character
and unselfishness. '
ll is so in retrard ?o the teachings
of the Renevolent and Protective Ordar
of Klks.
Founded between the years lSf>0
and 1 S(?0 the order stand- on two
solid grounds, viz: Tlie Holy llible,
and patriotism added to which are the
followiu.li: Nobility of character. Purity,
virtue. I lie >.icrettne--? and sairewil'e.
mother, sister. daughter, of -i
brother I'.lk. To watch the hour ?I"
s<trrow. I o \ i-ij the latin riess and the
widow in their u'i-1 i~r/ .
lonatlian endured h;: > !'ie-> for his
Ibother Dav id. So i v .-i v ti .. and loyal
K. I '< mil -1 be wiiiinu" t> endure
hardnes.-.. and if nic.-?>arv o'-inuer in
I he protection and care of his brother.
ll is the dut\ "I each bro.'iier
to care for ami shield hi^ brother Klk,
to help elevate, not to assist, to destroy.
To watch over each other an.l
duly warn of d'anirer that may threaten
or if one finds his brother lining
the wron??- cour?V to steer him aright
and point out to him the dangers ill
t lie path which he has undertaken lo
I ra verse.
Summed 111> we find ilic characteri
tics of Jonathan's friemlship to b?
Dif iiiI erednes> : Failhffnlnss ; Con;i
a i icy.
My brother, are these \uiir characteristics
iu your dealings witii him
whom you have accepted as your
brother.' If so, ivjoree, if not. then
consider your way and determine witii
(bid's help to live in compliance with
the teachings of your older. I?c as
sine.-re in your friendship with your
brother as was .lonatlian with "David.
Strive at all times fo deserve the esteem
of your brother Klks. Above all
remember to value the friendship of
Jesus ('1 jri-1 above all others. It is
only Jhrouh Him and lli< strength
yiven to you thai you can overcome
the temptations which beset you h:
life. ' oily by faith in Mini and his
death and resurrection can you look
forward " that blessed hope in the
future. Without the Cross you cannot
vain (he crown. An Klk who is
a soldier in (lie army of the (Jrcat
t'oiiiuiainler will b- a nobier, purer,
consistent member of this _,,reat order.
Also bear'in mind that no order can
lake the place of the church, but every
.rood member of any of our orders
will, if he Iives up to his obliyal ions,
become a i?ood member of the church
or whatever body of Christian wor- y
shippers he may be associated with. N
Should she become the Princess dvi
Sa'jan she would illustrate the American
aptitude for dis-Countin.
When Mr. I'ryan is invited to dinner
he not only expects to speak, but
demand's that the other dinners shall
swallow ail that he says.?News and
("mirier.
o