The herald and news. (Newberry S.C.) 1903-1937, April 24, 1908, Page TWO, Image 2
"TIGER" INJUNCTIONS
ARE MADE PERMANENT
EIGHT CHARLESTON DISPEN
SARY OASES DECIDED.
Temporary Orders Issued by Justice
Gary Made Perpetual?Opinion
of The Court.
Tlu? supreme court on Tuesday ev- i
cmiin.ir rendered decisions in eight of
1 lie Charleston dispensary injunction
cases, 11 u? temporary injunctions previously
"ranted by Associate .Justice ,
Clary beiny in each case made pernian- ]
out. tlie opinion of the court 1 >?'i>i<_r j?
written by .Justice Gary. These arcj,
ca.M'S addilioiial to tiiose in wliicli | |
permanent i ujiiiict ion - !iav.' already !|
been rented on she |?? I it: >ii of tli 1 j j
attorney genera!. Tile ease?c decided |j
n i t I lie {* i!!? w it: : ' |
i
1 fii!iln'-!; iV r., rn*: and the New 1 I
t " 11 a rles| !: 21 >1 ? I coin pa uy : I'.ilmctto j I
l?owIin:r ciii'); . \ r _ y I, bole!: !>anny!<
1 >i.\on : S. ! ;. Welch; ('Iiarlesion j
'rurnverein: C.-rnian Ifil'l,- dub audi
Sell iadarcs^i. .j
I lie premises described in some of j \
these cases have already been enjoin- <
*'d in the name of (he occupants or J
lessees, and the object of the addition- I
ul ea<es was to attach the injunction I
to the property itself, the cases being i
directed against the owner of the pro- 1
pertv. This, for instance, is the situation
with reference to the Charleston
hotel, which is owned by (lie New .
Charleston Hold company, the com- 1
pany being made corespondent with j '
the lessee.-. b'iddock iV; I'yrus. The c
opinion in this rase is the same praeIically
as in the oihers. I (
I he pelilioii of Attorney General c
Lyon asking lor l lie injunctions re-1 1
cites that Kiddock A; liyrns, partners. !|
are |]i,> lessees ?if the ('harleston llo-|<
tel. ami that I'.rnesl lirowu i> in their |?
employ. ; I
Allegations by Attorney General. 1 I
After reciting the alleged acts of Jl
liiddock iV: Uyrus and Krncsi lirown !
in maintaining in the Charleston
hotel an unlawful resort, where liquors
tire sold and drunk, the petition j
of I lie attorney general in this case
goes on to say:
4'-l. That petitioner is informed" and
Ivolieves that the New Charleston Hotel
company is a corporation duly incorporated
and organized under the I
laws of this Slate and is doing husi- I I
"ess in this Stale with its principal ?
place of business in the city of Char-I i
lesion. I hat said corporation is theii
owner of die property mentioned in ,
Paragraph 1 of this petition, to wit : i
'I hat certain parcel of real estate sit- j j
Mated in the 'Cily of ('harlestou. in.;,
said Stale, on the east side of Meet-j |
i"g st reel, ol said city, and known as j .
the ' New Charleston Hotel Company,' j
which property is leased and rented i ,
to the respondents, liiddock & ityrns, ! |
and used by them as herein before al- i
)eged.
That petitioner is informed and i
'believes t.ha.t tiie respondents, said .]
New Charleston Hotel company, wil- i
tully ami with full knowledge, per- i
mils its said property hereinbefore \
described to he kept, used ami main- i
tained by the respondents, Kiddock 1
& Hyrtis, and Krnest Brown, as a i
place where persons are permitted to
resort for the purpose of drinking al- :
eoliolic li<piors and beverages, and
where alcoholic beverages, wnfen nxvj
not been tested and found to be pure *
and free from poisonous ami deleterions
matters, are sold in violation of j
the laws of tiie Slate. That said j |
place maintained, used and kept by j
said liiddock & Myrns ami Krnest (
lirowu, as aforesaid, is not a dispellwary
or a place where alcoholic liipiors
and beverages may be sold according
1o law, but is a common nuisance, and
is so declared by the Act of the Gonvral
Assembly above mentioned, ap- '
proved February 1(5, 1007." 1
Hotel Company ? AnswerIn
the answer of the New Charleston
Hotel company it is alleged that
the company on August 3, 100-1, leased
to Kiddock & Byrns the Charleston
hotel premises with all the furnishings,
fixtures and appurtenances for
five years, commencing on November
1, 1001, and ending on October 31,
1000, and that upon the execution and
delivery of the lease the respondent
company relinquishes control of the
property. The answer continues:
"That if the allegations of the petition
herein are tru'e, as to the illicit
and improper sale of liquor on said
promises, this respondent submits that
it is not liable therefor, nor can its
property or itself he enjoined because
of alleged illegal acts of its tenants."
Opinion of Court.
The opinion of the court is as follows:
"It is alleged in the petition that
tlio N-ew Gharlieston Tlotel company
willfully and witli full knowledge, permits
its said property to be kept, used (
4
' . . . l'i'r .. -
and maintained by the respondents,
Itiddock & Byrns and Ernest Brown
as a place where persons are permitted
to resort for the purpose of drinking
alcoholic liquors and beverages.
This is not denied. The New Charleston
Hotel company, therefore became
a party to the violation of Section 21?
of the dispensary Act (approved the
Kith of February, 1907,) which provides
that all places where persons arc
permitted to resort for the purpose of
drinking aloholic lienors or beverages,
are hereby declared nuisances."
'Therefore, there is no reason why
the New Charleston Hotel company
should not likewise be enjoined i'rom
maintaining the said nuisance. In the
L-ase of Dobbins vs. United States, (i
llii till."), the principle was announced
that if the owner of land permits it
in be used as a site for a distillery,
llie law places him on the same footntr
:is if he was the distiller, and the
and will be forfeited for the unlawful
acts and omissions of the (lis- ,
i!!* r. jn-t as if lie were the owner,
vt 11 if the owner was ignorant of ,
audi fraudulent acts ami omissions.
''As was said by Mr. Justice Jones, :
n commenting on said case in Moody 1
,'s, McKinncy, 7J S. ('., -IJS, the own r
of the property voluntarily leased
I for the purpose of a business, when
ie knew, or ou.^ht to have known, that
ortfeiture would I'o'fow if the busiiess
was not conducted as required by '
aw.
"The New Charleston Hotel comtany
has no just cause to complain
f it is enjoined from maintaining a
uiisamv, which it has helped to .
reate. I
'It is the judgment of this court
hat the respondents be perpetually
njoiued from maintaining, using and
iceping said place, where persons aiM
icrmitted to resort, for the purpose
if drinking alcoholic liquors and bev ra.iies,
and from permitting persons
o resort to the said premises for the
nirpose of drinking alcoholic liquors
iud beverages."
COMES BACK AT HEYWARD.
rlartin Says if He Slung Mud it Was
Not of his Mixing?Took Heyward
at his Word and Inspected
His Record.
Hon. O. B. Martin, State superinendeut
of education and candidata
'or the 1'nited States senate, has giv- (
n out an interview replying to the
eply of Governor 1 ley ward to Mar- 1
ill's attack on him last Friday.
Mr. Martin said:
" t here are a few small matters I
r. K.\-( iovernor I ley ward's interview
ivliiih I wish to note in order to keep
li'e recoid straight. I did not know I
.bout the testimony as to his method
I conducting his gubernatorial campaign
in Spartanburg county when I
!>ronounced the little eulogy upon him
ast summer. 1 missed that testimony
lomehow, if it was ever published. My
iltention was called to it soon after
Kx -(iovernor 1 ley ward's announce-1
nent. Since 1 know about the testinony
I do not feel called upon ti>
vithdraw any complimentary remarks
n regard to his courtesy and our relations
while we were fellow officers
n the Capitol. j
' (iovernor lleyward says that he
s 'surprised and sorry that Mr. Marin
lias seen fit to begin the mud
dinging in the senatorial campaign.'
That's funny. If there is any mud in
my letter it is of hi* own mixing, for
t all came from itis own play house.
I was very particular to adhere strictly
to the testimony before the inves-I
iirating committee and 1 spoke from
my own knowledge in regard to Governor
lleyward being a post-mortem
candidate.
"In his announcement for the sen-I
ite Ex-Governor lleyward invited
consideration of his record. I simply
took him at his word. I think the
time was opportune to say something I
about the use of money in elections.
I do not think it is right or legitimate
to put a fellow in charge of a cam-1
paigti in a county and give him liberty
and license to draw upon a sympathetic
banker for funds to use in an
election. The responsibility cannot be
shifted in such cases. It must rest
with the principal. T propose to denounce
the use of money in this way.
It is entirely appropriate for me to
inject this issue in order to try to
prevent just such things as men I
swore occurred in Spartanburg. I
long ago adopted the principle, 'when
you are right you cannot be too vigorous;
when you are wrong you cannot
be too careful.' j
"I shall be free to discuss any
man's public record and to debate any j
question bearing upon this race, but
that man may have tho 'satisfaction
of knowing that I shall confine myself
to the record and the truth. If
I differ with Governor Heyward upon
some of his public aots In regard to I
>,' . , S'.i. . "N . ' *
immigration, l'or instance, I certainly
ought to be able to quote his record
without 'throwing- mud.' If my position
on currency reform should not
agree with that of the president of the
Columbia Rank and Trust company,
then I must not be denied the privilege
of free debate.
1 am amused that some newspapers
seem to think that I get mad
every time T write a .simple little epistle
in ordinary language. No, 1 don't
Kt*t mad. It is not ire. I have a lot
of fun every time. Why, \ enjoy it
If I can roll a ball of truth and'"knock
down a bunch of political ten pins, it
tickles me to see them fall.
I want to say, here and now, thai
political prophets, who have nothing
else ! > do, shall not decide I lie coaling
election before the campaign
opens, and while those who are reallv
uoin^1 lo do (he voting are bnsv at
work. | wish to say also that Hie man
who is elected lo 'represent the State
i?f South Carolina in the Cniled States
senate will get. during the coining
campaign, enough intellectual drill,
parliamentary training and forensic
gymnastics to aid him materially in
lis subsequent career."
The man with a boil on the hack
>f his neck derives no pleasure from
scanning the heavens for airships.
Try
so. uiurc
Ice Cream
Homemade
I
I
Candy &
Fruits.
Old Postoffice Building
JONES' O
S, B. Jones.
DBA Ll
STAPLE & FANCY OR
Confectioneries, Fruit
Phone 2/2.
New be
Dear Madam Housekeepe
We
tention to our stock of
groceries and solicit i
your potronage during 1
We feel safe in sayin
the most complete that
that we can serve you j
ner.
We will ever keep in
portant points: qualit:
vice modorate prices.
If you are not alreac
we would be pleased to
list of satisfied cus t<
We wish 1908 to be oi
you join us in making
Yours fo
I
f
LOW RATE MILEAGE TICKETS
ON SALE BY SOUTHERN
RAILWAY.
j 500 Mile State Family Tickets
$11.25?Good over the Southern Railway
in South Carolina for the head
or dependent members of a family.
Limited one year from date of sale.
1000 Miles Interchangeable Indivi!
dual Tickets $20.00?Good over the
Southern railway and thirty other
n?ads in the Southeast aggregating
.'{0.000 miles. Limited one year from
date of sale.
2000 Mile Interchangeable Firm
| Ticket $10.00?Good over the Southern
Railway ami thirty other roads in
the Southeast aggregating 30,000
miles fi?r a manager, the head of a
j firm or employe. Limited to five but
U'oihI IV.r only one of such persons at
rtne tini". Limited one year from date
of sale.
1 <Kill Mile Tnterehamveable individual
Tirket $2").00?(lood over the
Southern Railway and seventy five
other roads in the Southeast aggregating
-11.0(10 mile*. Limited one year
from date of sale.
On and alter April 1st. 1D0S. all
mileage tickets will not be honored
for passage on trains nor.in check- ^
imr baggage except from non-agency
stations and stations not open for the
sale of tickets, but must be presented *
at ticket olliees and there .exchanged
for continuous ticket. (
Money saved in passage fare by
vmrehasing tickets from Southern
A
Railway agents. Fares paid on trains
will be at a higher ''ate.
Call on Southern Railway Ticket *
Agents Inr mileage tiekets. passage ?
tickets and detailed information.
J. C. Lnsk, I
Division Passenger Agent, H
R. \V. Hunt. Charleston. S. C.
Assistant General Passenger Agent. I
Atlanta, Ga.
REPAIR SHOP?Furniture, lounges,
and parlor suits, each upholstered, A
retraining chairs, repaired; making
and laying carpets and mattings, "
cleaning old furniture. In Sunlight
Hall, near old colored Baptist ^
church.
We3ley Means.
nil IH COCAINE m
rlUm WHISKEY
IUbltB cured at my Sanatorium In a
vmIii. You can return to your
home tn 30 daya ^rell, froo and bappy.
I have marto thoso hnbiti aspecialty for
25 years And ciirod thousands. pQpr
13ook on Homo Trontmont sent rnlaC
Address I)It. It. M. WOOI.LKY,
102 N. Pryor Street, Atluutrt, tin,
a
ROCERY,
Proprietor,
BR IN
OCER1ES, PRODUCE,
, Cigars and Tobaccos.
rry, S. CJan, I7t 18,
r:
i wish to call your at'
Fancy and Staple
it least a portion of
?his year.
g that our stock is
is offered here<and
in a satisfactory manmind
three very im/
of goods prompt seriy
a customer of ours
add you to our long
amers,
ir banner year. Will
it so? v
r business,
Jones' Grocery.
^"*~R ? SoUvFcT"- I '
THAT IF YoO WISH,, Tp.4 i
A j
PtOMTHO 19
/JE CAN MAKE YOUR. FEET .SHINE IN .SWELL
S. & M. & FLOR.SHEIW .SHOE WE ARE THE EX-?
ZLU.SIVE AGENTS Tor THE S. & M. & FLoR-SHEIW
SHoE.5 IN NEWBERRY .SHOE.S .SATISFY YOU
/ '
S. & M. 5.00 .SHOE.S FEEL COMFORTABLE
^LoR-SHEIM 5.00 .SHOE.S GIVE YOU WEAR. Do
JoT NEGLECT YOUR FEET, YOU OWE THEM A
5UTY. IF YOU Do NoT THINK THEY Do YOU GOOD
<
TRY DOING WITHOUT THEM A WHILE. WHY NoT
SHOW APPRECIATION FOR YOUR FEET, AND GET
THEM A GooD PAIR OF .SHoE.S? WE CAN AL.SO
31VE YOU .SHOES, TUCH AS THEY ARE, AND
rHEY ARE NOT So VERY BAD FOR *3.00 3.50
AND 4.00.
RESPECTFULLY,
EWART-PERRY Co.,
THE UP-TO-THE-MINUTE DEALERS.
BMMnHMjaiaaPM ??? mEamci?Moaaflaagsffi?ffl?i?a3HEPBggi?r?'n-m?mwrr?" n?b
WANTED
' I
Every one who is in need of /
Fine Box Paper, Extracts, r
Talcum Powder, Soaps, etc.,
to call and see our line in
Herald and News building 4
before purchasing. \
We also have a nice line of
Candies, Post Cards, Easter
Cards and Dyes. Come to
see us before buying.
Broaddus & Ruff
HERALD & NEWS BUILDING.
j
THE EXCHANGE BANK
Newberry, S. G.
In looking for a Bank to receive your money,
vou want to find a Safe Bank, a Convenient
Bank, an Accommodating Bank, we want you
to consider this Bank and satisfy yourself and
come in and open an account with us. j
We Pay Interest on Time Deposits. 1
J. D. Davenport. M. L. Spearman,
President. Cashier.
Edw. R. Hipp, W. B. Wallace. A
V. President. Ass't Cashier. 1
G. B. Cromer, Atty. J