The herald and news. (Newberry S.C.) 1903-1937, September 18, 1908, Page FOUR, Image 4
|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