The herald and news. (Newberry S.C.) 1903-1937, May 05, 1908, Page TWO, Image 2
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