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SALARY A/C/T SUSTAINED. Review of Act Which Has Caused the Comptroller General to Refuse to Pay Differences. TJio Stair. .Judyc ftrnest (Jary <>l' (lit! Piffh judicial circuit yesterday mornin; i.-. i sued an or?lcr rc<|uirin<r the comp j troller yencral 11? pay over to Col. I H. Brooks, clerk of the supreme court; i A. >J. Metlica, seeivI a ry to tin; yover- j i?n\ and W. I/. Wilson. chief clerk l for the eomptrollr, the raises in sal- I a l ies passed by I lie last .t?eneral assembly. Ii will be recalled that Hi.? : last uvneral assenildy made raises in salaries alfeelin"1 I |u. three otljcials | named ahove, <)11 account of the H wo riling ill I lie act the ahnniev yen- j i eI 'I! held 1i1;it I ;> i a i s " s wo 11d lint iip- ; > ply on ; i i 111111 of I !). ( mflici w it h i I i! C I I'll,. . f i'llrj. 1 , I'd. I ! lien br 11 _ ! 11 mamia 11.11- piv. . , ' I i I i ' - lo I....I I I,,. li"' relu-.d ! I'lr com pi ro! !' r :. 11? r:i I 1 to I >:iy : !i<> iiii'ic: , 'I'm,. (|ccj-i..n I I i!< d h\ .l id (i.iry voe> into Hie j | hi-lor\ oi i he ca-e 11111 y ami i- 'jivea be'. w: ...... ' 'lis i- i proceeding in mandamus. Ii llie petitioner, clerk ol ihe supreme a com:, piavin.: for an onler reipiirinvr -I re.poinh'iil to is-ue his official c warrants mi the Stale treasurer for |i hi- -alar\ as -aid elerk at the rale of f *l.<'"<? annum ; that hem- U.c M auo.jini ni.'tit ioiifd in |||,. ,'ippropraia- s li"i act ol I!His for llie pay of Ihe v c|il!i ol I ne supreme coiirl." The c I" i ;i coiil ends | nal lie is cut it- j n ' d 111 j?1 I- month from the Is! *, da i .i.1 i :i . i!Ml<, ( ij,,. !i,-^inuiuv j \\ ol t 'I? | i-c;i! \ . :i r ), ! I l'i.' re-poiideni. b\ hi- return, a I - j J' 1 1111 t i" in l! !'\ hi-' I'l'fn -a! to pav ' n.' " i *i:i !''.? i; pi r 11 u,''; ? ' 'mi ; a I a ! ra "' no j ;> i, n H it: N in .nil the '! ' 1'' e i .i l \ I b\ . I by !;| w ! 1 1 - o I , I i I | s; j I, I i. !11. W , ; ] I'"1 ci\il cdei. is .-rSiltl and j i! ' i:11 1 h 11 i- not hinir in the appro- jt p! i.?l i ?ii .ict in indic.il.' i iat the ley- j > islatiire iulemled lo change the salary I a "I -aid clerk," and further, because ' n ll"' petitioner by dciuamliiirr the iu-!|| erea-e in hi-1 salary from January 1st || )o I'chruary 'J'J, is demanding extra | salary ami compensation after service n rendered in contravention of art. 11, u sec. !t0, eonst. I SJI."). I I'wo ?111? -.I ions a i f pre-enled for j t ifeci-'oli : I 1. What i - the sala ly of the | ie| i j I'" 1 r a- fi\e I 11\ la w for t he year .. | ! II Is > W en 11oe- ii 1?e"'in to i tin : jI'' 'or !': appropriat e-n a < -1 of ; I"os. |!;., aei oI Is!! (a- appears from a -e< . -1' !>. <i\i! loi | c ) made the salary T>nn, am! that amount u a - -pecilicalK | a: i a: :i.i-il!\ appropriated from fS!l| 1" l'"!'. '?? Ih iuclu-i\ e. ami -m-h is ,, tile -a la. \ now unless changed b\ I lie 1 | appropriat ion act, j jj \n appropriation act. tliouuh yen- j o era!l\ in duration temporarily, has! | eipial ton e and effect as a perinailenl j j, statute lor the lime being. If approv- | ed suhsei|uent ly lo sudi permanent ' j] act, ami lucre is irreconcilable con- v ' lie!, the laM M' is sn-pcmlcd during j \?, the I: i the a i-propria t ion ad i- in 1 t I'olce. 11 an appropriation ad appears to |, iticr. a-' or diminish llie -alary pro ,. vnled in a peviuaiient salary act, the! Ioriner con! rots ( i} there be iio con- | -I it ni iona! p r ! i i1?i t ion violated), provided ii i- appar.ml thai i! was the! iulen! ion of tile h".:i>lat lire lo make | ( the change. " Tiie whole i|'.iestion de-jj; pen.e- on : ic intention as ( \pre--ed in ' v llie ( appropriat ion ) statutes." I I We liiitl. anion;:1 oihcr>. in (his act three i i-tances ,.| appropriations in ,j e\.of ill,- amount -ialet| as -a!- aries i-i prior acts. namel\. for the )K'I il ioner, for llie chief clerk of the . !comptroller general and for llie uov-: eruor's privale secretary. The sal- i aries for tliese are md named by the ! ,-f const it nl ion. nor is there any consfi-! inliona! restriction upon the rinhl of ] the h".:is!:it nre to change tliese salar- ' r ics from t ime to I ime. i Now. what was the inlenii.m of the f le^ishituie wli.'ii it said, in sec. 1, a lor the salary ol the governor's pri- ' 1 vale -ecrel ar \. $ I ..">00 ; ( lM for the! a .-alar\ o| liit- cir.et clerk of the comp- ' I roller u. ueral, 1M>. Sc.-. 'J. . i \ I'or the pay of Ihe clerk of the su- i: preinc court. -^1,000. " ,, The respondent answers thai il is ii expressly provided in these sections jflial those amounts are appropriated I: <lil so much lie necessary," and thai, j 1 for instance. .*1,000 is appropriated! for the clerk only in case it is neces- j I sarv lo expetiiF $1,000 in paving .^^no. i Ihe necessity for construiny She words, ''if so much be necessary, is v veponni/.cd. An inspection of see. 1 e will disclose the fact that every one I of Ihe I I subsections thereof, rolalint? < fo the expenditures by heads of de- I pnrlineuts, mentions, eo nomine, "Ihe v con I i nj*en I fund," besides specifying 1 such items of indeterminate expenses o as stationery, stamps, printing, ctc., v 1,,.;,.^. ! .J ' W|' ,yi .. . v.-.A.,.!......... jV etc. Sec. 2... judicial department... also provides "for a contingent fund for the supreme court," and also $000 for the purchase of a series of reports not vet. published. It is evident to my mind that the words, "if so much be necessary," wore intended to apply only to such items the exact cost ?L" which no experience, investigai on, kowledge or foresight could de.. inine, and not to salaries known to the legislature to lie already fixed by law, and which could, at the will of that body expressed in an appropriation net, be raised or lowered to a definite amount. Tire presumption is that the legislature knew that the Hilary act of ltt!).'l (effective 1804) fixed the salary of the petitioner at N)0 and of (lie two employees above iieiiliiiiicd at $ I,.'toll, and that for 14 /ears those sums were appropriated*; !i< refore, I can not bring my mind lo tewl uile 111 a I the general assembly ii<;?re|icii<'| that ji was at all eonlill * 11r wii.'ih.T ?>r not $1,000 was "sol ntidi as nece.^.-aiy" In pay $SOO. Ap I'MjtriaI hm acts are most carefully >r.-pared ami intelligently considerd. 11 was the same legislature which at in l!ii)7 and I00S, they being its ir>l and seouid sessions. In 1007 it ppi'opriatcd' $S()() for petitioner, $1.>0 l\>r the cumproller general's lerk, and $l.d.*jl) for the. governor's private secretary, as had been done ? r KJ sessions before, iu accordance itli the salary act; but in 1008, Ibis anie general assembly, with the proions act still among its records, inreasos the amounts $SI)<) to $1,0(10 in! $ I,I ! > $l.."iltO. This action can ; . explained oiilv upon the t iicor\ j - i ' i 'I 111 -!i. o| eonr-e, can not oe euterlined, that the Icu'i-lalure was ignor!il of the amounts specilied in the ilarv aci. ami bv wav of precaution! . ' i ' pproprtal i! o mmli as n was guess! >< i . 1 (.o\ er t'aem. The re poi i dent calls attention to, ie words in the .id. "which shall be j ie -alary for I lie year IIMiS," issued : i connect ion with the increased appropriation for tlie salaries of the ssisiant attorney general, the treasrer's bookkeepers and the clerk of ie superintendent of education. I?ut ie same legislature the year before l!H)7) appropriated, for this last anted employee, without any such ords, .$1,200 (as had been done since 001 ), which was $d00 iu excess of ne act of IS'Hi. fixing that clerk's a I i ry at $ Hit). This means of increasing salaries by ;ea?is of appropriation acts i> not I .iihiiit precededt ; for instance, the ixed -alary of the clerk of the super- | u;eude111 of education was, !>y the | ct of 1S!)1> t-cc. 1177. code I, $000, | ut il was raised by simple approprtaio'i. i;i I!h>I. to $1,200 and litis mount annually appropriated for the I'M six years. The salary of the by si i i a 11 of tin* penitentiary was xeiI by the salary ad of ISOIt at $1.r.o ami this was paid annually until !H)7. when the sum of $|,.">0n was apropriated. as was done in 1008 by lie same le :i>lat uiv. The captain of lie unanl. by the act of ISO.'], was pioide I am annual salary of $1.0o0, iiich was appropriated annually iiuiI !'. ;?!. when by the appropriation ct it was raised to $1,200, which has een appropriated annually since, in- | !: I?i'.. l"IK. 1 !"..,d 11:-? salary !'->r the clerk r>C ; :>e -r.pri'iue court. ;h Ii\i ?1 by law. to . .nun f.,r the year I!MIS. As ia,. . i- "to make appropriai-.'tis to uieei ordinary expenses of lie Slate government for the fiscal ear commencing dan nary 1st. 1008," am of {he opinion that iIk> salary I' $1,000 begins on said lirst day of anuan : and as sec. 0 of the act precribes tli.it tlie amounts specilied 1 for salaries and clerical services e paid in monthly installments, uu-i ss otherwise provided for," the peitioner is entitled (<> one-twelfth of 1,000 per month, from said date. 'I'lie petitioner admits that he has .'i 'i\c.| for .lann iry $(>(>.00. for Febi'a;'\ $71.2"> am! for March $00.(ill, | :d cio.ti t;:l> for a balance of $10.07 | or !:: niary and $12.0S for February, s well as for $s:?.:?:? for the month of v ]?ri 1. This contention is sustained, ml it .s therefore ordered". Thai the respondent, tile lion. A. V. don-.'s. a- comptroller general, do -sue his otlicial warrant or warrants n the State treasurer in favor of the >et it inner. I I*. l>rooks, clerk of the upreuie court, for the sum of $112.OS, icing in full of salary up to May 1, 10.*!. I OREST PRESERVATION IN NORTH CAROLINA. North Carolina is another State ^hieli is showing an increased inlerst iu practical forestry. Between 802 and 1000 the Kort'.i Carolina leolo^ical Survey investigated the orest resources of the State. The widespread popular interest in foresry. and the fact that (he State board ?f education owns 750,000 acres of /ilif swamp land has shown the need. iliilSM;*. 'a. j' *>;> ,'iL , ir.? O _i6 Jt AiWfflWi for further work in forestry in the State. ' The North Carolina Geological Sur- v voy ami the board of education are I cooperating in an investigation of the i .swamp lands and at the same time will 1 carry on educational work showing f the need of forest management witlj < the object of securing the adoption by < the folate of a permanent forest policy in managing the public lands, and in giving assistance to private forest j ; owners. The work will be in charge ' j of W. W. Ashe, who is at present in ! j the office of silvics. United States j | Forest Service, and will be conducted i under the direction of the Slate Geo-!, logist". Ihe lands ot the Hoard of Kduca- ' | lion present two problems: llrst, to | $ determine the portion which is suii- | able, for agriculture and eliminate it j. lor I a tins, second, |o devise means j for replanting the open lands, which arc ol lar.ue extent. In add'iliou lo | the | mblic lands the privale forest* ] are so exlensive as lo rank anions Ihe N Slate's most important natural re-1 sources, a large part of tfiem being on mountain land suited only lor forests, ! i and protecting llieni from fire. The forest interests of North Car- i olina rank lliird among its industries. 1 j, The necessity for perpetuating Ihe 1 lumber and furniture manufacturing j business of Ihe Stale, and the relation i of the mountain forests and Ihe de- " uuded lands of (he Piedmont Plateau to (hi? water power and eotlon manufacturing interests will make Ihe adoption of a permauenlntinnn mfn adoplion of a perinanenl forest policy by North Carolina a very important step in il< coininercial history. Wing's Sweet Sixteen Kisses, old Iasliion.-d diocalal.'s, fruit tabids, caramels, peanut brillle, chocalale alnioii'ls. ,Ju-1 received. I>i >addns & I * u If. LOW RATE MILEAGE TICKETS ON SALE BY SOUTHERN RAILWAY. ">00 Mile Slate Family Tickets $11.2/i?Good over Ihe Southern Hailway in South Carolina for the head or dependent members of a family. Limited one year from dale of sale. 1000 Miles Interchangeable Individual Tickets $20.00?Good over the ( Southern railway and thirty other I roads in the Southeast agirreyating j .'10,000 miles. Limited one vear from date of sale. C JONES' Ol S, B. Jones, V DBA I. lUi STAPLE FANCY ORG Confcctioncrlcs, Fruit, < Phone 212. New ben Dear Madam Housekeeper We tention to our stock of groceries and solicit a1 your potronage during th Wo feel safe in saying the most complete that .i that we can serve you in n e r. We will, ever keep in m portant points: qua1i ty vice modorate prices. If you are not already we would be pleased to ? list of satisfied ens ton We wish 1908 to be our you join us in making ii Yours for . V . ' Lt'liirA ?. .. / /' . J-/.' ?\ . i * * 2000 Mile Interchangeable Firm 1 ieket $*10.00?Good" over the SouthRailway ami thirty other roads in llio Southeast aggregating 30,000 niles for a manager, the head of a irm or employe. Limited to five but ?ood for only one of such persons at >n0 time. Limited one year from dato >f sale. 1000 Mile Interchangeable Individual Ticket $25.00?Good over tho Southern Railway and seventy five )thcr roads in the Southeast aggregating 41,000 miles. Limited one year i rom date of sale. On and" after April 1st, 1008, all nileage tickets will not he honored ' Passage on trains nor in checkng baggage except from non-agency stations and stations not open for the iale of tickets, but must he presented ' it ticket otlices ,iiul there exchanged j '<>r continuous ticket. Money saved in passage fare by! Mirehasiny tickets from Southern I fail way auents. lares paid on trains) bo al 2i lii^lior rate. 'Cali on Soul hern Railway Ticket Vgenis for mileage tickets.' passage I ickots and detailed information. I " J. C. Lusk, Division Passenger Agouti f. W\ Hunt. Charleston, S. C. 1 Assistant General Passenger Agent, Atlanta, Ga. m mm? inbih ^mi,,i T !c I ry i. Ice Cream i! j J i < Homemade h I C Candy & 1 / Fruits. )ld Postoffice Building C3 ROCERY, 1 Proprietor. ' //V >CBRIBS, PRODUCE, vigors and Tobaccos. ry, S. C., Jan, 17, 18, wish to call your atFancy and Staple ; least, a portion of i lis year. that our stock is J s offered here and i a satisfactory mana ind three very imof goods prompt sera customer of ours idd you to our long lers, banner year. Will v 1/ s o ? | business, ( Jones1 Grocery, J I - ? ??xhmUHWW r-R C?S OI-.V Ew _ JPAf-% Ygf Wl 5.HIJPi /P^ " >V?otAw .jT'Yt-l^H 5HOB5 wostmo ? .... ??ov. .? .=? WE CAN MAKE YOUR FEET SHINE IN .SWELL S. & M. & FLoR-SHEIM .SHOE WE ARE THE EX- /J ;lujive agents for the s. & m. & florsheiv SHOES iN NEWBERRY ' SHOES SATISFY YOU S. & M. 5.00 SHOES FEEL COMFORTABLE "LoRSHElM 5.00 SHOES GIVE YOU WEAR. Do ^OT NEGLECT YOUR FEET, YOU OWE THEM A 5UTY. IF you Do NOT THINK THEY Do YOU GOOD rr.y doing without them a while, why not SHOW APPRECIATION FOR YOUR FEET, AND GET "HEM A GOOD PAIR OF SHOES? WE CAN ALSO J HVE YOU SHOES, '"UCH AS THEY ARE, AND I "HEY ARE NOT SO VERY BAD FOR S3.00 3.50 1 \ND 4.00. 1 RESPECTFULLY, j EWART-PERRY CO., A the UP-TO-the-MINUTE DEALERS. ^ a.a>u wG.ftfli) +wz**irA rv .vn.r^-r, r-*z ira? Every one who is in need of Fine Box Paper, Extracts, Talcum Powder, Soaps, etc., to cr; 11 and see our line in H e r a Id an cl N e w s b u i I a i n g / ( before purchasing. j We also have a nice line of Candies, Post Cards, Easter ' Cards and Dyes. Come to i see us before buying. j ? ^ HERALD & NEWS BUILDING. j J1 i > * i iMWW6?MwaBMWBBiwBwarpwa??MM^<mmr'.iiroa<ronwBaHiai;Bara?naut8?ifattngaBwgpM? * ' 111 I) HANfiE BANK Newberry, S. C. i ! In looking for a Bank to receive your money, ,ou want to find a Safe Bank, a Convenient Bank, an Accommodating Bank, we want you o consider this Bank and satisfy yourself and ' :ome in and cpen an account with us, Wc Pay Interest on Time Deposits, *> I. D. Davenport. M. L. Spearman, President. Cashier, idw. R. Hipp, W. B. Wallace, / , V. President. \ Ass't Cashier. ^ G. B. Cromer, Atty. i * M