Historical Newspapers of South Carolina

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E. H. AULL, EDITOR. Entered at the Postoffice at New berry, S.. C., as 2nd class matter. Friday, September 18, 1908. WHY THE LAW IS LAUGHED AT The suspension of the trial of W. T. Jones, in Union, on the ground that he had been refused bail by a circuit judge, (Hydrick,) and that an appeal from the judge's order was pending in the suprem ecourt, opens up a new and hopeful line for law yE..; who would interpose delays to the bringing of criminals to trial. The absurdity of the situation in the Jones' case is manifest. The ac cused criminal is in jail. He has been refused bail in the circuit court. The most that the supreme court could do would be to grant him freedom until he should come to trial. Meantime the State would bring him to trial. Circuit Judge Klugh would have his ease 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 fail to agree upon a verdict, Jones' plight would be no worse than it is now, as he woula be remanded to jail and the bail proceedings be fore the supreme court would not be interrupted. Thus we have a man under indictment diligently seeking to remain in jail in order that the su preme court may determine if he should be temporarily released. The object of an application for bail is to obtain freedom, but the object of Jones appears to be to escape free dom -because he fears to go to jail. Probably he does .L believe that the chances for his acquittal are good at present, and would resort to any expedient to gain time. A murder case in which the pris oner at the bar is a man of means and influence is never developed in South Carolina that it does not ex pose our criminal procedure as inef fective or contradictory. Is it any wonder that the people laugh at the law ?-News and Courier. You should remember that some times a lawyer 's business is not to bring his case to trial and it may be that it is better for the defendant to remain in jail rather than risk his life before a jury. Still, the News and Courier puts the case strongly and forcefully and what it says is ab solutely true.. We can't help but think that Mr. Bryan must have done Mr. Hearst a favor at some time or other, judging by the way~ Hearst is fighting him. Anderson Mail. Your surmises ate probably true. The mnore favors you do for people the harder they fight you politically as a rule. Especially is this true ol personal and individual favors. Mr. Chapin says that "a prohibi tionist doesn't have to be a total ab stainer.'' But we knew that before. Some of our most ardent prohibition -ists -try to bring prohibition about by drinking all they can get hold of. Augusta Herald. They are prohibitionists for the other fellow. They can ''order'' all they want for themselves. Mr. William .Jennings Bryan wac onee asked if he believed it paid to advertise. His reply was: "Ih fellow w'ho tries to attract business without advertising is like the fellow who throws his sweetheart a silent kiss in the dark. He knows what he is doing-but nobdy else does.'' "Speaking of the dispensary case on March 13, 1908, The Herald and News said: "It is certain that the matter will finally reach the supreme court of the United States, and the quicker it reaches this tribunal the better, as we see it. We would be glad to have the whole matter wound up at the earliest possible moment."' The case will now go to the su preme court of the United States with the State as the appellant. This whole matter- could and ought to have been settled long ago. The State ought to pay for the whiskey it bought and get the business closed up. In speaking of the decision-.o Judge Pritehard~which 'has been sus tained in every point by the distriel court with Chief Justice Fuller con. eurring, on March 13, of this yea: The Herald and News said: "We hold to States' rights ani -would be glad to see the autonomy 01 the State maintained, but we confes: to a lack of enthusiasm when we con. sider the asem in wh.ich the fig-ht is l)el-l, la(le. t"-r the rea:SOl Uat. II s llme extenlt. at leat. Ihe State WalVed its rigilt 1o plead States' riglt wie it enlgaged inl the whiskey busintess. Inl the first place the State had i< business in the whiskey business hut it Vent in and it ought not to plea( the autonomy of the State whlenl it comes to a settlement ot an obliga tion made t hroiurh its ant hurize(l agents. Judge Priihard has been sustaiine by the circuit court and will in turi be sustained by the United States su preme court. Go%. Charles E. Hughes, of Nev York, has been re-nominated by th< republican party for governor to sue ceed himself. - It was told by some Saluda peopi who were in Newberry yesterday tha several bales of cotton came to the river from the Saluda side and ha< to turn back for the reason that the water was so low the flat could no be operated and the mud was toi deep to ford. Another bridge shoul< be built at Bouknight's ferry. Nov is the time to build it. The bridgE at Higgins ferry will not be read: for travel for probably three weeks In the meantime much trade and cot ton are being diverted from Newberr. which rightly belong here. A LAW UNTO ITSELF. Clemson College Unique- Governoi Can't Fill Vacancy on Board of Trustees. The following item is from th< Columbia correspondent of the New: and Courier. Special privileges art granted Clemson and the institutior is unique. Vacancy on the board of trustees can't be filled by the goyer nor and life members who constitute a majority of the board as well aE elective members can hold member ship in the legislature while trustees of other institutions have to resign their trusteeships when elected t< the legislature because the constitu tion says no member of the genera assembly shall hold any other position under the State. Mr. L. A. Sease, a member ot fhi board who has been elected a profes sor in the college Tias tendered hit resignation to the governor and thi attorney general can find no author ity for the governor to fill the vacan cy. What right has the governo with the resignation ? He is wha the correspondent says: Mr. L. A. Sease, for several year a member of the board of trustees o: Clemson college, recently tendere< his resignation to the governor, an< after a thorough seach of the law i is found by the governor and attor ney general that the governor has n< power to fill the vacancy. The posi tion on the board will have to remaii vacant until the legislature convenes When the resig:3tion of Mr. Seas was tendered, Governor Ansel look ed into the law to see what power h had, and finding none, asked the at torney general for his opinion on th' subject. Mr. Lyon. the attorney gen eral, has submitted to the governo his opinion, in which he says:"U der the terms of Section 1.302, Cod~ of Laws. 1902. Volume 1. it is .pro vided that the general assembly shal elect six memblers of the board o: trustees of Clemson college. Tei no provision for filling any vacane; wxhich may occur and I am unable t< find any general authority givin you power- to make such appoint ments. It is my opinion that yo1 have not the authority to fill this va cancy, and that it must be done b: the general assembly. ' This brings out again the fact tha Clemson is in many matters a lav unto itself. The governor has powe: to fill vacancies on the other collegt boards, by authority conferred in thi acts establishing the institutions; hi also has aut:hority to fill vacancies o1 the penal and charitable boards, an< in State and county offices, but no on the board of trustees of Clemsoi college. Ghildren's Day at Colony. The time for Children's Day a Colony church has been changed t< the 4th Sunday of this month instea< of the third as was first .announced The exercises will begin promptl; at eleven a. m. The following is the program: Opening song 206 in Augsburg Son Recitation by Ira Cousins, Mar; Ruth Wilson, John Dominick. Song-I 'm So Glad. Recitation-Maggie Cook, Hug Feagle. Beatitude byeght girls. Sona hv Thelmia Wilson. Recita tion-Clemson Wilson. Pantomnine So,ng by school. Intermission for dinner. The pbIllie is c-mndially invited to atiend. ( +1me anl brin your h:as kets and sta. f tr the afterino, t ser vic"(IS. 1Respect lullyV. Committee. Fatal Questioning. Judge-Have you been arrested be fore? Prisoner-No, sir. Judge-Hve you been in tiis court before? Prisoner-No, sir. Judge-Are you certain? Prisoner-I am, sir. Judge--Your face looks familiar. Where have I seen it before? Prisoner-i'm the bartcnder in the saloon acros the way, sir. NOTICE OF FINAL SETTLEMENT AND DISCHARGE. Notice is hereby given that I will make a final settlement of the per sonal estate of Benjamin F. Nichols, I deceased, in the Probate Court for Newberry county on October 12th, 1908. at 11 o'clock a. m., and im mediately thereafter apply for let ters dismissory. All creditors of said estate will *render their claims properly proven to the undersigned on, or before said 12th day of Oc tober, 1908. Laura C. Nichols, Adminisratrix of the personal estate of Benjamin F. Nichols, deceased. 4t-ltaw. STATEMENT Of the condition of the Newberry Savings Bank, located at Newberry, S. C.. at the close of business Septem ber 11. 1908. Resources. Loans and discounts .. ..$233,641 28 Overdrafts.. .. .. .. .. 6,383 63 Bonds and stocks owned by the bank .. .. .. .. 2,380 00 Furniture and fixtures .. 2,275 00 Due from banks and bankers.. .. .. .. .. 4,846 89 Currency .. .. .. .. .. 4,247 00 Gold .. ..... .... .... 15 00 1 Silver, nickies and pen nies .......... 421 77 Checks and cash items .. 649 94 Total .... .... ......$254.860 51 * Liabilities. Capital stock paid in . .. $ 50.000 00 Undivided profits, less current expenses and taxes paid .... .... ...28,021 79 Due to banks and bank ers ......... ........5.249 98 Due unpaid dividends ,.. 147 25 Individual deposits sub ject to check .... .....27,688 56 Savings deposits .. ......98,494 28 Cashier's checks.. .......258 65 SBills payable .... .... ...45,000 00 Total .... .... .... ..$254.860 51 State of South Carolina, County of Newberry. Before me came J. E. Norwood Cashier of the above named bank. who, being duly sworn. savs that the Sabove 'and foregoing statement is a true condition of said bank, as shown by the books of said bank. J. E. Norwood. Cashier. Sworn to and subseribed before Ime. t-his 17th day of September. 1908. P. Fant Gilder. N. P. for S. C. Correet-Attest James McIntosh. B. C. Matthews. J. K. Gilder, Directors. STATEMENT. Of the condition of the Farmers and Merchants Bank, loea'ted at Lit tie Mountain. S. C., at the close of business September 11, 1908. Resources. Loans and disceounts ..$24826 46 Demand loans ....... ...1,900 00 Overdrafts .............26 71 R anking house .... ......1.495 43 F Iurniture and fixtures .. 1.017 25 Due from banks and bank ers .... .... ...... ...2.589 64 * The First Coug Rrea though not severe, has a * ive aembrannes of the tra Coughs then come easy all wij alightest cold. Cure the first< * et up wain amsation in the del *lungs. The best remedy is SSYRUP. It at once gets righ "'moves the cause. It is free fri a chidas foran adult. 2 e MAYES' DE e~**~ ;:i1................. .. (U '.iv i tiil :cwi d~ ;ni'1 1i"e- 4: 1:) Liabilities. t'::pital stm"lk p :id ini ....=1t).000 11 0 II'1diVided" 1)rofits. less eur. r%ent expenseis( and taxes [Aii .... .... .... ... . 1 8 1<dividuial depo 1sit!- sulbject t c k .. .. .. .. .. 8.051 :io Ine C r itificatce .. .. .. 7.218 48 ('asliier's checks .. .. .. 2 01 Hills payable . .. .. .. 7,000 00 - T,tal .... .. .. .. ..$32,363 68 State of South Carolina, County of Newberry. Before me came J. F. Browne, cash ier of the above named bank, who, being duly sworn, says that the above and foregoing statement is a true co1ndition of said bank, as shown by the books of said bank. W. A. Counts. Sworn to and subscriber before me, this 15th day of Sept.. 1908. J. B. Lathan. N. P. of S. C. Crreet-Attest "Jo. M. Sease. J. B. Derrick. J. H. Wise. Directors. STATEMENT Of tie condition of the Bank of Pisperity, located at Prosperity, S. C., at the close of business Septem ber 11. 1908. Resources. Loans and discounts .. ..$128,337 77 Deman? loans ......... 11.000 00 Overdrafts .. .. .... .. 1.770 85 Banking house .. .. .. 2.000 00 Furniture and fixtures 2,000 00 Due from banks and bank ers .... ......... .. 8,266 94 Currency .... .. ..... .. 1,190 00 Gold .. ..... .. .... .. 3,000 00 Silver, nickles and pen nies .... .... .. ..... 901 93 Total .. .. .. .. ....$158,467 49 Liabilities. Capital stock paid in. ..$ 25.000 00 Surplus fund .... .... .. 1.500 00 Undivided profits, less current expenses and taxes paidt..........10,908 45 Due to banks and bank - ers .... .... ..... ....1,253 82 Individual deposits sub .ject to check ...... ...81,805 22 Bills payable ....... ...38,000 00 State of South Carolina, Total .. .... ......$158,467 49 County of Newberrv. Before me came J. F. Brown, cash ier 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 by the books of said bank. J. F. Brown. Sworn to and subscribed before me, this 16th day of September, 1908. J. A. Count. N. P. of S. C. Correct-Attest A. G. Wies J. S. Wh .er, Geo. Y. Hunter, Directors. FOR SALE 113AcresFPineLand 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. WE SUMER, NEWDERRY, S. C. Iof the Season, tendency to irritate the sensi- 4 and delicate bronchial tubes. iter, every time you take the 0 ough before It has a ebance to kate capillary air tubes of the QUICK RELIEF COUGH at the seat of trouble and re mi Morphine and is as safe tot 0 LUat UG STORE. a School Da Large Ship Supplies Ju Pencil Tablets Ink Tablets Composition Books Inks Slates Sponges Crayons Erasers Box Paper from 5 Pound Paper and SPECIAL FOI 100 Good Envelop4 500 Ink and Pencil ANDERSO NEWABERRY, - Buy Newberr It is the real thing. Real estate all other values rest; the basis of al Newberry real estate is as sound valuable all the time. Property at but it will pay you to see me before 1 16. 13j4 acres of land near Mr. B. C. About a mile from the city. 2 [. Two lots adjoining Mr. John Reagi: 22. Nine room residence in Brooklyn. 23. 910 acres land 16 miles from Newb< oo feet of lumber on this place. Price I 24. One lot adjoirning Mr. W. F. Ewarl 26 and 27. Two lots on Main Street ne: locations for residences. 30. 114 acres land a mile and a quarter 31- 119 acres land x,% or 2 miles from.: a dairy farm. 33. About 300 acres of land within thre 34. Three room cottage close to Mollol 39. 128 acres of land three miles'fromn] house and a four room tenant nouse, wit] 43, 44, 45, 46, 47, 4g. Six lots of Hatto: square. Very convenient. This has thre 51. House and lot in Brooklyn, near C] 52. One l'ot on Harrington street, and 3 nient. 54. House and lot on CoUpge street 55. Four room house and lot on High:] 64. Large lot, part of 0. L. Schumpert 68. House and lot on O'Neall street. So. 476 acres land about 13 miles from place. This has fine pasture and hay me S1. Plantation containing about So acre This is a good neighborhood. Price $25. 82. House and lot on Nance street. 83. About ioo acres land 6,% miles fror Street. 87. Five roomi house on Johnstone stre S8. Six room cottage on Calhoun stree1 FOR R ENT-Two cottages $8.oo to $r< One store on Main street One store on Caldwell street. I have for sale a small stock of genera] FOR SALE-Io shares of Mo11ohon: 8 per cent. annual dividend, free of taxes ment for ladies or people who do not wai words, every four months you receive y expense. School ! Tablets, Pencib Pap Broaddw Come to BROS to get Pencils, P Straps, or 25c.~ de and get Sat s Are Hete nent School" st Received Pens Pen Staff Pencil Pencil Sharpeners Examination Tablets Book Satchels Book Straps Pencil Boxes Cents to 50 Cents Envelopes to Match 1 THIS WEEK 3s for 10 Cents Tablets 3 Cts. each N1Oc. 00. SOUTH CAROLINA y Real Estate, is the very foundation upon which l wealth. as a dollar. It is getting more Lywhere here is a good investment, >uying. For instance I can sell you: Matthews and farm of Dr. McIntosh. n, 100 x 190 feet each.' erry, 4 miles from Whitmire, about 200, 6 50 per acre. t, 00 x 200 feet. r Mr. Reighley's. These are beautiful outside the incorporate limits. Rewberry. This is an excellent place for e miles of Kinards tol Mfg. Company. Newberry, with a good three room tenant 1 plenty of outbuildings. i property, within one block of public :e dwellings and two tenant houses. ine's shop.. Price $1,200. ight at the Court House. Very conve 'his has six rooms. Point. lot. One of the prettiest lets in the city. Newberry. Known as the J. R. Atchison adow. s of land, about six miles from Newberry. oo per acre. i Newberry and 17 miles from Silver et.' >50 per month. merchandise on Main street. Mfg. Company stock. This stock pays Sand insurance. It is a splendid invest it to worry with collecting rents, in other our dividend without any extra cost or J. A. BURTON. Sutpplies. ~r, Crayons, Etc. S& Ruf f. EDDUS & RUFF aper, Pens, Book vorth of any ar chel free.