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|mti ?xM k 15. II. AULL, EDITOR. Entered at the Uostoftice at Newberry, S..C., as 2nd class matter. Friday, Sept umber 18, 1008. WHY THE LAW IS LAUGHED AT Tho suspension of the trial of W. I. Jones, in Union, on the ground that lie had been refused bail by a circuit judge, (Hydriek,) and that an appeal trom t?he judge's order was pending iu the supretu eeourt, opens np a new and hopeful line for lawyers who would interpose delays to the bringing of criminals to trial. The absurdity of the situation in the Jones' ease is manifest. The act-used criminal is in jail. lie has been refused bail in the circuit court. I he most thai the supreme court could do would be I?> grant him freedom until lie should conn? to trial. Meantime Mw Stale would bring him - to trial. Circuit Judge Klugh would have his case disposed of as promptly as possible. If he be innocent the jury would acquit him and give him his permanent freedom. If the jury should tail to agree upon a verdict, Jones' plight would be no worse than it is now, as Jie would be remanded to jail and the bail proceedings before !lie supreme court would not be interrupted. Thus we ihave a man under indictment diligently seeking to remain in jail in order that the supreme court, may determine if he should l?> temporarily released. The object of an application for bail iv to obtain freedom, but the object of Jones appears lo be (o escape freedom because he fears lo go lo jail. Probably lie does not believe I ha t I he chances for bis acquittal are good <>t- present, and would resort lo nnv expedient to gain time. A murder case in which the prisoner at t!ie bar is a man of means and influence is never developed in South ( arolina thai it does not -expose our criminal procedure as inefIcclive or contradictory. Is it anv wonder I hat (lie people lauidi al I lie law News and Courier. ^ on should remember that sometimes a lawyer's business is no| lo briny Ins case lo trial and it may be ",J,I '< is boiler for the defendant to remain in jail rather than risk his before a jury. Still. I lie News am] Courier puts I'lie case strongly and forcefully and what il savs is absolutely I rue. We can 't help but think thai Mr. Rrvan must have done Mr. Hearst a favor at some time or other, judging by I lie way Hearst is fighting him.? Anderson Mail. Your surmises are probably hue. The more favors you do for people I he harder l hey fijiht you politically as a rule. Especially is this true of personal and individual favors. Mr. Chapin says thai "a piobibilioinsi doesn't have to be a total abstainer." lint we knew thai bei'o'e. Some of our most ardent prohibitioiiisls Iry io bring prohibition about bv drinking all thev can get hold of.-'Auvrusia Herald. riicy are prohibitionists for the other fi-llow. They can "order" all lhc\ waul lor themselves. Mr. \\ 11 ia in Jennings Hryan was "lice askei! i f be believed il paid to advert i -e. 11 is reply was: "The fellow who tries i<> attract business wilhoul advertising is like the fellow who throws bis sweelheart a. silent kiss in the dark. He knows what he is doing -but nohdv else does.'' "Speaking of the dispensarv case on March 13. 1008. The Heraid and News said : "It is certain thai the matter will finally reach the supreme court of the I'niied Stales, and the quicker il reaches this tribunal the heller, as we see il. We would be glad lo have the whole matter wound up at the earliest possible moment." 1 he ease will now go to (|)(> preme court of the United Stales with the Stale as the appellant. This whole mailer could and ought lo have been settled long ago. The State ought lo pay for I he whiskey it bought and get the business closed up. In speaking of the decision of Judge Pritehard which 'has been sustained in every point by I he district court with Chief Justice Fuller concurring, on March IU. of this year The Herald and News said: "We hold to States' rights and would be glad to see Hie autonomy of the State maintained, but we confess to a lack of enthusiasm when we consider the cause in wibieh tho fight is \ \ \ being made, for tJie reason that, to some extent, at least, the State waived its right lo plead States' rights wlien it enquired in the whiskey business.'? In the first place the State had no business in the whiskey business but i! went in and it ought not to plead the autonomy of the State when il comes lo a settlement of an obligation made through its authorized agents. .Judge I'ritchard has been sustained by the circuit court and will in turn be sustained by (lie United States supremo court. (Jov. Charles 10. Hughes, of New York, has been re-nominated by the republican party for governor to succeed himself. It was told by some S,aluda people who were in Newberry yesterday that several bales of cotton came to the river from the. Saluda side and had (? turn back for the reason I hat the water was so low the flat could not be operated and the mud was too deep lo ford. Another bridge should be built at Boukuight's ferry. Now is th<' lime lo hnihl if. The bridge a! Higgins ferry will not lie ready for travel for probably three weeks. In I he meantime much trade and colIon are being diverted from Newberry which rightly belong here. A LAW UNTO ITSELF. Clemson College Unique? Governor Can't Fill Vacancy on Board of Trustees. The following item is from (he Columbia correspondent of I lie News ami Courier. Special privileges are granted Clemson and the institution is unique. Vacancy on tdie board of trustees can't be filled by (lie governor and life members who constitute a majority of the board as well as elective members can hold membership in I he legislature while trustees of other institutions have lo resign their trusteeships when elected to the legislature because the constitution says no member of the general assembly shall hold any o'lier position under the State. Mr. L A. Sease. a member ot fhe board who has been elected a prol'essor in |he college Has tendered his resignation lo the governor and the attorney general can find no authority for the governor to fill the vacancy. \\ hat right has t he governor with the resignation? Here is what the correspondent sa^vs: Mr. Ii. A. Sease, for several years a member of (lie board of trustees of Clemson college, recently tendered his resignation to the governor, and after a thorough seach of the law it is found by the governor and attorney general that I lie governor has no power to fill the vacancy. The position on I lie board will have lo remain vacant until the legislature convenes. When the resignation of Mr. Sease was tendered. Coventor Ansel looked into the law to see what power lie had. and finding none, asked the attorney general for his opinion on the subject. Mr. Lyon, the attorney general, lias submitted to the governor his opinion, in which he says: "Cnder the terms of Section I.I502, Code o| haws, 1!)()'J, \ olunie 1, it is provided thai I lie general assembly shall j elect si\ members ol the board of j trustee-- ol ( lemsnii colleyo. There is no provision for filling any vacancy which may occur and 1 am unable to lind any general authority giving you power to make such appointments. It is my opinion thai you have not the authority to fill this vacancy, and that il must be done by the general assembly." This brings out again the fact that Clemson is in many matters a law utilo itself. The governor has power to till vacancies on the other college boards, by authority conferred in the acts establishing the institutions; he also has authority lo fill vacancies on (lie penal and charitable boards, and in Stale and county offices, but not on the board of trustees of Clemson col lege. Children's Day at Colony. The lime for Children's Day at Colony church has been changed to M>e 4th Sunday of this month instead ot the third as was first .announced. The exercises will begin promptly at eleven a. m. The following is the program: Opening song 20(5 in Augsburg Song Recitation by Tra Cousins, Mary Ruth Wilson, John Dominick. Song?I'm So Glad. Recitation?Maggie Cook, Hugh 1'Vagle. Beatitude by eight girls. Song bv Thelma Wilson. Recitation?Clemson Wilson. I'anlomine Song by school. Intermission for dinner. There will be two addresses in the afternoon by Kev. .1. A. Sligh and Hon. Arthur Kiblcr on (lie subject of ( t lie Sunday school work. S The public is cordially invited to attend. Come and briny; your bas-. kets and stay lor the afternoon services. / Kespeet fully, ( Committee. Fatal Questioning. i Judge?Have von been arrested before? Prisoner?No, sir. ( .Judge?Hfcve you been in Diis court | before? Prisoner?No, sir. Judge-?Are you certain? 5 Prisoner?I am, sir. Judge*?^ our face looks familiar. Where have 1 seen it before? \ Prisoner?I'in Hie bartender in the I saloon aeros the way, sir. NOTICE OF FINAL SETTLEMENT t AND DISCHARGE. Notice is hereby given that I will make a final settlement of the per- I sonal estate, of Benjamin F. Nichols, deceased, in the Probate Court for Newberry county on October 12th, ( 1908, at II o'clock a. m., and immediately thereafter apply for letters disniissorv. All creditors of said estate will render their claims properly proven to the undersigned on, or before said 12th day of October, 1008. Laura C. Nichols, I Administratrix of the personal estate ( of Benjamin F. Nichols, deceased. 1; 4t-ltaw. STATEMENT 1 Of the condition of the Newberry ( Savings Hank, located at Newberry, 1 S. ('., at the close of business Septem- ' her 11, 1908. T Resources. Loans and discounts . . . .$233,041 28 ^ Overdrafts G,383 63 f Ponds and stocks owned by the bank 2,380 00 Furniture and fixtures .. 2,27;! 00 Due from banks and hiinkor^ 4,840 80 ('nrrency 4947 00 ( (Jn,<1 To 00 F Silver, nickles and pen- 1 ( ni('s . 121 77 ('hecks and cash items .. 040 04 1 Tu,:>1 $254,800 51 Liabilities. ' < *aj?il al stock paid in . . .$ .">0,000 00 I ndivided profits. le-ss current expenses and taxes paid 28,021 70 Due to banks and bank?''s n,240 08 Due unpaid dividends , .. 147 25 Individual deposits sub- ' ject to check 27,088 50 ' Savings deposits 08,404 28 1 Cashier's checks 258 05 ( Bills payable 45,000 00 1 ( To,il1 +254,8(H) 51 State <>t South Carolina, ' County of Newberry. Before me came J. K. Norwood ( ( ashier of the above named bank, who, being duly sworn, says that the above and foregoing statement is a true condition of said bank, as shown bv the books of said bank. 1 J. F. Norwood, ('ashier. S\\oni lo and subscribed before me. this 17tli day of September. 1008. P. Fan! (lilder, N. P. for S. C. ('orrcct-A I lest lames Mcintosh, P>. ('. Matthews, 1. K. (lildcr. I Directors. STATEMENT. < Of the condition of the Farmers j and Merchants Bank, located at Lit- ] tie Mountain, S. C., at the close of * business September 11, 1008. Resources. Loans and discounts . . . .$24,820 40 ^ Demand loans 1,900 00 1 Overdrafts 270 71 Banking house 1,495 43 Furniture and fixtures .. 1,017 25 Due from banks and bankors 2,589 04 **? ? ?. ; The First Cough & Jtven though not Bevere, has a 1 **embranes of the throat g* Coughs then come easy all win J slightest cold. Care the first c< m ti up an inflamation In the dell (H lttnga, The best remedy is ^ SYRUP, It at once gets right ' moves the canse. It Is free fro w a child as for *n adult. 25 cent % MAYES' DR V.iTency 19.*) 00 J,?ld 20 00 Silver, nicklcs and pennies. 4'J 19 ' '"trtl . .$32,Mi} 08 Liabilities. 'apital slock paid in ....$10,000 00 'ndivided profits, less current expenses and taxes ' . . 91 89 ndividnal deposits subject t? check 8,0.) 1 80 rime Certificates 7,218 48 ,'ashier's checks 2 01 Hills payable . 7,000 00 " Total $32,863 68 itate of South Carolina, (bounty of Newberry. Before mo came J. P. Browne, casher of the above named bank, who, icing duly sworn, says that the above ind foregoing statement is a true rondition of said bank, as shown by be books of said bank. W. A. Counts. Sworn to and subscribe!' before me, his 15th day of Sept., 1908. J. B. La than, N. 1\ of S. C. orreet-At test, .J no. M. Sease, F. I?. Derrick, J. II. Wise, Directors. STATEMENT Of the condition of the Bank of 'rosperity, located at Prosperity, S. \, at t he close of business Sept em- < >cr 11, 1908. Resources. jonus and discounts .. ..$128,337 77 demand loans .11,000 00 )verdrafts 1,770 85 in liking bouse 2,000 00 ' ''urniture and fixtures .. 2,000 00 )ue from banks and banke,s 8,266 94 'urrency 1,190 00 ;?l<i 3,000 oo Silver, nicklcs and pen 901 93 'r?tnl $158,467 49 Liabilities. 'apital stock paid in. . .$ 2.5,000 00 Surplus fund 1,500 00 ndivided profits, less eurrent expenses and ,{lX(,s paid 10.908 45 1 lue to banks and bank(M;s 1,253 82 . ndividnal deposits subject to check 81,805 22 Jills payable 38,000 00 >lato of South Carolina, < T?t.al $158,467 49 County of Newberry. Before me came J. [?\ Brown, caslier of the above named bank, who >cing duly sworn, says that the above ind foregoing statement is a true ondition of said bank, as shown by ho books of said bank. J. F. Brown. Sworn to and subscribed before no, this Kith day of September, 1908. J. A. Count, N. J', of S. C. "'orreet-At test A. Ct. Wise, T. S. Wheeler, Ceo. V. Hunter, Directors. FOR SALT 173 Acres Fine Land One mile of city limits of Newberry, S. C. One-half of lands in new grounds. 100 acres will make one bale of cotton to the acre per year if properly cultivated Just two miles from the City Graded Schools and Newberry College. Fine location for a home. Can be purchased on reasonable terms. Apply to GEO. W. SUMMER, NEWBERRY, S. C. ? ??! of the Season, tendency to irritate the sensi and delicate bronchial tubes. ^ ter, every time you take the ? >ugh before it has a chance to 4 cate capillary air tubes of the QUICK RELIEF COUGH V at the seat of trouble and te- ^ in Morphine and is as sa/e tor O UG STORE. School Dogs Are Here j Large Shipment School j Supplies Just Received 1 1 ' v Pencil Tablets " Pens Ink Tablets Pen Staff Composition Books Pencil Inks Pencil Sharpeners Slates Examination Tablets Sponges Book Satchels Crayons Book Straps Erasers Pencil Boxes Box Paper from 5 Cents to 50 Cents . Pound Paper and Envelopes to Match SPECIAL FOR THIS WEEK 100 Good Envelopes for 10 Cents 9 ! 500 Ink and Pencil Tablets 3 Gts. each I \ ANDERSON 10c. CO. NEIA/BERRY, - SOUTH CAROLINA 1 % Buy Newberry Real Estate. It is the real thing. Real estate is the very foundation upon which all other values rest; the basis of all wealth. Newberry real estate is as sound as a dollar. It is getting more valuable all the time. Property anywhere here is a good investment, but it will pay you to see me before buying. For instance I can sell you: 16. 13J4 acres of land near Mr. B. C. Matthews and farm of Dr. Mcintosh. About a mile from the city. 21. Two lots adjoining Mr. John Reagin, 100 x 190 feet each. ' 22. Nine room residence in Brooklyn. 23. 910 acres land 16 miles from Newberry, 4 miles from Wliitmire, about 200,ooo feet of lumber on this place. Price $6 50 per acre. 24. One lot adjoining Mr. W. F. Ewart, 100 x 200 feet. 26 and 27. Two lots 011 Main Street near Mr. Reighley's. These are beautiful locations for residences. 1 30. 114 acres land a mile and a quarter outside the incorporate limits. 31. 119 acres land 1^ or 2 miles from Newberry. This is an excellent place for 1 a dairy farm. 33. About 300 acres of land within three miles of Kinards 34. Three room cottage close to Mollohon Mfg. Company. 39. 128 acres of land three miles from Newberry, with a good three room tenant house and a four room tenant house, with plenty of outbuildings. 43i 44) 45i 46, 'I7, 4ft. Six lots of Ilatton property, within one block of public square. Very convenient. This has three dwellings and two tenant houses. 1 51. House and lot in Brooklyn, near Cline's shop. Price $1,200. 52. One lot on Harrington street, and right at the Court House. Very convenient. 54. House and lot 011 College street This has six rooms. , 55. Pour room house and lot on High Point. 64. Large lot, part of O. I,. Scliumpert lot. One of the prettiest lots in the city. 68. House and lot on O'Neall street. 80. 476 acres land about 13 miles from Newberry. Known as the J. R. Atchison place. This has fine pasture and hay rieadow. 81. Plantation containing about 80 acres of land, about six miles from Newberry. This is a good neighborhood. Price $25.00 per acre. 82. House and lot 011 Nance street. 83. About 100 acres land 6)A miles from Newberry and miles from Silver Street. 87. Five room house 011 Johnstone street." 88. Six room cottage 011 Calhoun street. FOR RENT?Two cottages $K.oo to $10 50 per month. One store 011 Main street One store 011 Caldwell street. I have for sale a small stock of general merchandise 011 Main street. ' POR SALE?10 shares of Mollohon Mfg. Company stock. This stock pays 8 per cent, annual dividend, free of taxes and insurance. It is a splendid investment for ladies or people who do not want to worry with collecting rents, in other ' words, every four months you receive your dividend without any extra cost or expense. 1 J. A. BURTON. School Supplies. Tablets, Pencils, I Paper, Crayons, Etc. I Broaddus & Ruff. I Come to BROADDUS & RUFF" 1 to get Pencils, Paper, Pens, Book 1 Straps, or 25c. worth of any ar- <1 tide and get Satchel free. I