The herald and news. (Newberry S.C.) 1903-1937, October 09, 1908, Image 1
I 1
' - . ...
JtralD onD Jews.
VOL XLT NO, 81 NEWBERRY. S. C.. FBIDAY. OCTOBER 9. 1908. TWICE A WEEK. $1.50 A YEAR
CHIEF JUSTICE POPE
ENJOINS ELECTION
]
CONTEST OVER DISPENSARY IN (
LAURENS.
c
Case to be Heard in Columbia Octo- |
ber 17?The Order and the (
Petition.
Mr. John M. Caivnon, of the firm
of Cannon and Black well, of Laurens,
appeared before Chief Justice
Popo on Wednesday and secured a
temporary restraining order against I
the comtnisioners of election for Lau- <
reus county holding the election <
which has been ordered by the county J
supervisor on voNng on the ques- I
lion of the dispensary in that county, i
The firm of Blease and Dominick
are associated w it'll Cannon and 1
Blackwell. (
Chief Justice Popo granted the order
and will hear I he return to il on
I the 1.71 h day of October before the '
full court in Columbia. A special term | ,
? of the court has already been ordered
j for the 10th of October to hear an- 1
other case and the hearing of this
case was set for the ,17th.
The order of Chief .Justice Pope
and the petition upon which the or- ,
dcr was granted are printed in full.,
and explain themselves. |(
STATE OF SOUTH CAROLINA, |
IN THE SUPREME COURT.
Eighth Circuit?Laurens County.
J. W. Little, L. A. Armstrong and
M. L. Nash, individually, and as Laurens
County Dispensary Board, Petitioners,
vs.
C. 1). Barksdalc, A. C. Owings and |
Conway Dial, as Election Commissioners,
and as County Board of Canvassers
for Laurens County, Respondents.
After reading (lie verified petition
in the above entitled case, and on ino!
lion of Cannon & Blackwell, Blease
(& Dominick, Attorneys for the Petitioners,
IT IS ORDERED:
That the Respondents, C. 1). Barksdale,
A. C. Owings and Conway Dial,
as Flection Commissioners, and County
Board of Canvassers for the County
of Laurens, in the State aforesaid,
do show cause before this Court,
if any they have on the 17 day of
> October, 11)08, or as soon thereafter
as counsel can be heard, at Columbia,
S. C., why they should not be restrained
and enjoined from proceeding
further under the order of the
Supervisor of Laurens County, dated
September 30th, 1008, ordering an
election to vote upon the question of
I| "For Sale," or "Against Sale," of
I alcoholic liquors and beverages; why
x they should not be restrained and enjoined
from appointing managers to
conduct said special election, and
from furnishing and providing boxes
and tickets a I the polls on the 3rd
L day of November, 1008, for the purft
pose of holding said special election,
or from doing anything in the matter
j: of holding said election; why the said
L C. I). Barksdalc, A. ('. Owings and
Conway Dial should not be restrain.
ed and enjoined from organizing as a
W' County Board of Canvassers to canSi
vass the returns and declare the re-;
H suits of the said special election orK
dered by the Supervisor of Laurens
r v County to be held on the ,'lrd day of
November, 1008, for the purpose of
I voting upon the question of "For
Sale," or "Against Sale," of aleok
liolic liquors and beverages in the
County of Laurens. Stale aforesaid.
; Let a copy of this order, tonelher
with a copy of I his petition be
forthwith served upon each of the
respondents to this action.
V. J. Pope,
Chief Justice.
t Dated at Newberry, S. C., this the
7th dnv of Oct.. A. D.. 1008.
V'STATE OF SOUTH CAROLINA.
% IN THE SUPREME COURT.
' Eighth Circuit ? Laurens County.
?T. \V. Little, L. A. Armstrong and
M. L. Nash, individually, and as LaurIens
County Dispensary Board. Petitioners,
C. D. Barksdalc, A. C. Owings and
Conway Dial, as Election Commissioners,
and as County Board of Can
I'ussers for Laurens County, lies- v
>ondents. ^
PETITION. i,
The petition of the above named e
petitioners respectfully shows to the <1
Uourt: jv
I- 1 lint J. W. Lit lie, L A. Ann- tl
'L'ong nnil M. L. Nash, are citizens, Is
roe-holders, tax-payers and qualified s
lectors, residing in the County of t
Laurens, State aforesaid, and that a
hey are the members composing the s
Laurens County Dispensary Board, I<
milling said olTice under a commission q
Prom the State.
II. That C. D. Barksdalc, A. C. c
) wings and Conway Dial have been t
Inly appointed Election Commission- s
'rs, and ( ouuty Hoard of Canvassers i
I'or Laurens County, holding said of- v
Ii<'es under and by virtue of a com- u
liission from the State. f
III. That in pursuant to an Act of s
Ihe Legislature, entitled, "An Ad to S
declare the law in reference to and
L> regulate the manufacture, sale,
use, consumption, possession, trans- j,
imitation and dispositino of alcoholic (
liquors and beverages within the (
State, and to police the same," ap- (
proved February Kith, A. I)., 1007, a ,,
petition was circulated in Laurens ..
[ dhmI\ tor the purpose ot securing ^
Ihe necessary number of qualified f
[ lectors In call an election to vote (
upon the question of "For Sale," or .
Against Sale, ' of alcoholic liquors (]
?r beverages in the County of Laur- ,,
ns. Slate aforesaid.
1\. I hat there is a special provision
in the Act of the Legislature ?
ibove referred to. giving the Counties
of Laurens and Edgefield the right > (
lo vote upon the question of Dispell- |,
sai-v, or no Dispensary at the (Jeneral
election, in the year, 1008, in the .
mode provided therein. j
^ I hat the Act of Ihe Legisla- ,|
tnre above mentioned requires that ,
:i written petition containing one- .
fourth ol. the qualified electors of j
any conntv desiring to vote upon the
[jiiestion of Dispensary, or no Dis- <
pensary, or "For Sale" or "Against x
Sale, of alcoholic liquors and bever- j
ages shall be filed with the County
Supervisor before the first day of j
May in the year in which the election
is to be had.
\ 1. The ('oust it ul ion of 18!)."), Art. (
IT, Sec. -I (b), provides, that there !
shall be an enrollment of every elec- )
tor in this State once in ten years; ,
and an Act of the Legislature, entitled,
"An Act to provide for holdinu
Elections in this State," approved
I lie Oth day of March, 18015, provides;
that the first general enrollment nil- ;
der the Constitution of 180.") shall be
in the year 180(5, and the same Act
further provides, that (he next gen- ;
oral enrollment shall be in the year ,
1008; thus making two years in ex- I j
cess ot the time stipulated under the t
( oust it ul ion for the enrollment of (
electors of Ibis State. I
"N II. That Ihe written petition as I
is provided for in the Act of 1007, i
above referred to. for the purpose of
authorizing the County Supervisor to
order an election in Laurens County <
lo vote upon Ihe question of "For
sal". or "Against S.ile," of alcoholic
liquors and beverages was filed
before | lie Board of liegistrat ion for <
Laurens ( onntv had open their books
for Ihe enrollment of electors as is <
required under the Constitution of
180.">, and provided for in Ihe Act
of 1800 above referred to, approved
Ihe 0th day of March, A. 1)., 180(5, .
and that said petition does not eontain
one-fourth of the qualified elec- |
tors, as is provided for ami requir- (
ed by the Ad of the Legislat ure J j
above mentioned, approved on the
115th day of February, A. I)., 1007. j
^ III. I hat Ihe County Supervisor |
for Laurens County has ordered an ,
election to be held on the Urd day of ,
November. 1008. for the purpose of ,
voting upon the question -of "For 1
Sale," or "Against Sale." of alcoholic
liquors and beverages in Laur- <
ens County, and that the petition filed
with Ihe said Supervisor before (
the first day of May, 1008, for Ihe ,
purpose of authorizing such action on ,
his pari does not contain one-fourth (
of the qualified electors in Laurens |
County.
IX. That I lie order of Ihe Supervisor
of Laurens County ordering the
election on November ,'lrd, 1008, .n .
ote upon the quotsion of "1'or
ale," or "Xgainst Sale of aleohl
liquors and beverages in I/aurns
County is not in aceora
nee wit li the Act ot the Legda
t nre, entitled, "An Act to declart
he law in reference to and to reunite
the manufacture, sale, u>c, eon
muptiou, transportation and di<posiion
of alcholic liquors and haver
i>es within the State, and police tin
ame," approved the ltilh, day oi
Vbruary, 15)07, in that the Act renires
two boxes to be used in sai?
lection, in one of which .shall b(
ast Mi* ballots of sliose voting tin
icket " I ? r Sale." and in the olhei
hall he cast the t)atlots of timio vol
ng the tickets "Against Sale,'
rhereas the order of the Supervisoi
rdering the said election provide:
or I lie use of only one box in wliid
hull he deposited the ballots "Foi
ale" and "Against Sale."
W1IFKFFOKF, your petitioner
sk thai a rule be issued by this lion
rable Court requiring the Fleetioi
onnnissioners and County Hoard ol
^anvassers, C. D. Harksdale, A. (
)wingsantl Conway Dial, the respond
ills above named t?> show cause, i
nv I hey have, before this ( ourl ??i
day certain why a writ of iujunc
ion should not be issued from tlii:
'onrt restraining and enjoining then
roni proceeding tnrlher under tlx
mler ?t' I he Supervisor ordering ai
lection in Laurens County on tin
tril day of November. 1!)l)S, lur * hi
mrpose of voting upon the questioi
,f "For Sale." <>r "Against Sale'
if alcoholic liquors and beverages
hat the said Fleet ion Commissioner:
>e restrained and enjoined from ap
minting managers of this election
ud from furnishing and providing
?oxes anil tickets at the polls on tin
lay appointed for the said election h>
lu> order of the Supervisor, or to d<
my thing else in the matter of hold
ng the said election to vote on tin
special question above mentioned
hat the said County Hoard of Can
assers. C. D. Harksdale, A. C. Off
ngs and Conway Dial be restrainei
md enjoined from organizing as i
oartl of Canvassers to canvass th
,-otes east upon this question am
'rom declaring the results of the sai
deetiou upon the question of " 1* o
>ale." or "Against Sale" of aleo
iolic liquors and beverages in Lam
mis County. State aloresaid.
Cannon & Hlackwell.
Hlease & Dominick,
Pelilioners' Attorneys.
1 .aureus, S. C.. October 0th, 100?.
VI'ATK OF SOl'Tll CAHOLINA,
COl'NTV OF liAVKRNS.
He fore me personally came M. I
S'asli. who first being duly swori
leposes anil says: That he is one o
he Petitioners to the foregoing ]?e
it ion, and is a member of the Laur
ns County Dispensary Hoard, am
hat he knows of his own knowledg
he allegations contained in the fore
oin" petition to be true and correct
M. L. Nash.
Sworn to before me this the (>th da.
>f October. A. D.. 100S.
Ino. M. Cannon, (Seal)
Notary Public for S. C.
SENATOR CROUCH'S BIG LOSS
Saluda Oil Mill and Ginnery Burnet
Causing Damage of $16.000?Insurance
of $6,700.
Plie State.
Saluda, Oct. 7.?About 2 oYloc
his morning the Saluda oil mill am
riinierv was destroyed bv fire, en
ailing a total loss of all except lit
;inall office building and the see<
louse and confenls. The plant wa
lie property of IT< n. P>. \\ . ( roucl
,vlio bought it at a recent sheriff
sale, lie had put it in fine order am
,ves entering upon what promised t
)e a successful season.
Al! indications so far point to in
endiarisiri.
Mr. Crouch's investment re nvs"ii!
>d an outlay of over $10,000. W it
miIv about $6,700 insurance on t'.i
nil d''s!roved, the loss falls hca.'if
>n him. and il is a distinct los<
he business of the town. There :
it tie proluihilit v of rehuihVng.
The screech owl is a night deridei
?News and Courier.
MR. WICKER WRITES A LETTER '
Pleased With the Roads?Says the
People Out West Know Some
Things.
Mr. M<1 it or: I left Newberry last
Friday at H.20 p. ?i., spent the night
in (Iroonville, leaving the next inorn
ing at 8 o'clock. T have.been making
? close connections ever since and now
' ?Sunday .'J.'JO p. m. T am on the (rain
- speeding over the level plains of
I northern Indiana. Nearly 21 hours
; yet before 1 reach my destination,
? Omaha, Nob. I passed through the
greater part of Kentucky in the night
- time (lie sun rising just as we passed
' through (leorgvlown. We have had
r daylight on Ohio and Indiana and T;
; must say I never saw a more beautii
lid country. In our section cotton
r is king; hero corn is king. Everything
is corn, corn, corn, hundreds and luin^
dreds o| acres of it. I have nut iced
. Ihis ahoul the rows: they are much
, closer together than ours and the
[ stalks are thicker iti the drill and this
is the case on comparatively poor
. land. Another thing: where the Inrnl
C si ;i liiile rolling the. farmer pays no
, attention to it, lie runs his rows
. straight from one end of the field to
.. the other.
i Now the roads. Well they are simi>
ply grand?as pretty and white and
i smooili as il i hey had been run
i> through Sam Sing's laundry. They
l> don't turn and wind about iu order
i to find the steepest hills they can find
' t(? go over but when they do turn and
; wind about it is to avoid the hills.
< This is t ho only way to have level
- roads in a hilly country. This is a
. very simple lesson to learn and one
! 'hat cannu?t be overestimated when
. looked sit from the standpoint of
; economics yet these people learned it
t and can repeat every word of it bv
. hearts in less than fifty years and we
l> South Carolinians have had I wo hun;
dred and fifty years to learn il and
- we don't know it vet. Bring out the
. dunces stool and cap. We will have
1 ahoul five hours to spend in Chicauo
, tonight (Sunday) leaving about 10
( p. m. and reaching Omaha tomorrow
I about 1.20.
1 T. K. Wicker,
r Oct. I. 15)08.
THE NEWS OF WHITMIRE.
The Millinery Openings Were Elaborate
and Beautiful?Many
Coming and Going.
I.
Whilmire, Oct. 8.?Mrs. Pauline
Arnold, of Kentucky, is visiting her
' brother, Mr. .Ino. I'. Kant.
'' Mr. Harney llerreu is spendim*
some time with relatives at Marion,
rs. Win. Coleman and children
" have returned home. Tliey spent the
'' summer iu Asheville, N. ('.
Miss Dessie Shacklel'ord i> with
her In-other, Mr. Rudolf Shackleford
and family.
^ Messrs. Will Hrown and Haskell
Wright, of Clinto>n, w?re iii town
yeslcrilay.
Mr. Sam (iarv, who was with Rice
and Coleman for many years while
they were grading railroads, has
> traded Ccdemau avenue from I he residence
ol Mr. Wm. Cohnnan to the
[1 Methodist parsonage. Ii adds wonderfully
to the appearance on our
side id* town.
Mr. and Mrs. li. II. Burton were af
Mr. S. A Jeter's Saturday.
k The Cleim-Lowry Co.. and Cooper
I Co's Store each had their opening on
i- Saturday. The beauty of these stores
e was enhanced with beautiful palms
1 and ferns anil I rimming- of tissue
s paper in red, white, and blue. Many
'? I he hats were quite prettv ami
- I'm sure you would not wish them
i! added to iu size nor price.
o Mrs. John MoCarlev and children
spent Saturday and Sunday with her
- parents, Air. and Mrs. Spencer Sims.
Mr. Dan May is visiting relatives
- here.
'i Mr-. W. B. O.vncr and son ami
e | Mrs. John McClowan have been at <
\ Mrs. Eliza Nance's for a few davs. !
o Miss Ethel Spoors came this evens
ing. She is at the home of her brother,
Rev. Foster Spoor.
Mrs. O. Auld and daughter are at J
-. Mr. W. A. Andrews.
Miss Lucy Metts has returned to I
iV?l:ir Springs Id resume her studies; L1
her mother. Mrs. Mel). Mot ts, aci*i>tn)>a??i???l
her as I'm* as Laurens. U
l)r. J. K. (iilder was in town Sunday
10 see Mr. Jim. 1'. Kant, who is
ipiite ill.
Nit a. X
THE NEWS OF PROSPERITY. <)]
The Conventions of tlie Lutherans? ,?|
Good Roads to the City?Tent tli
Meeting. oi
1)
Prosperity, Oct. !).? Mrs. M. (\ p,
Morris and eliildren are visiting" at S]
Lvkcsluud. C
Mr. (). I?. Simpson left yesterday w
for Charleston to complete his course ||
at the medical college.
Miss Mamie Jennings, of Mamhercr, |[
is ;it Mr. .1. I). Qualtlehaum's. ,-]
Mr. K. II. Russell spent Sunday ir
with liis children. ,,,
Dr. P. K. Lit tle.john, of Pacelot, ,?i
visited friends this week. ,,|
Mrs. Nettie (libson visited Mrs. ;n
Moscley a few days. I,
Mr. C. Maxcy Harmon attended S
I lie. pugilist ic contest in Columbia
Moiidav niyht.
. . , oi
.Miss (icrtrude liobh went Kridav |>
to Itowmaii ' ?. ()ran,jehur,jj county, to j.
leach in t lie school there.
b'ev. C. M. l?oyd was on our streets 1i
last week. tfreel iny his many friends. K
Mr. and Mrs. A. Wise. b'ev. ami .V
Mr>. Kreps. Mrs. (2. ^ . Hiiuter and c<
Mr. A. II. Kolui are at. Savannah in I?
at tendance upon Hut I 'nited Synod h
which is in convention there for a pi
week.
Miss Rosalyn Summer, of Newhcr- w
ry. visited Mrs. Harmon last week. S
Miss Sal lie Pu?h is with her broth- 's
er. Mr. ljobt. Pu?-h. M'
Mr. \\ illie Moscley has returned .'
! roin a lour of Klrohla and oilier "
points South.
Mrs. Alice Robertson is traiuiuif
(irace church choir, and preparing it
10 render some very choice music
lurinv the convention and synod. P
Mrs. Lawrence Sease \ i si I <>< I Dr.
Hunter's family recently.
The lent meeting is in full hlast
now and seems to he lairlv well attended.
None are so ifood hul llial
tlicv miifht he better.
. 11
One o| our little hoys can furnish |,
as cute and lauifliahlc saying's as anv ,
oilier town's youngsters. Two or tl
three niifhls ago his auntie suffered
.if really with I lie tooth ache. On his ,i
way lo school tin* next inortiiiiif he
stopped to tell another aunt and what m
he says v'ocs lo prove that there are ,|
many genuine things in Prosperity. (
"I tell you. Aunt Mary, Aunt Lizzie
wa- awful sick last niyht. Ilcr had
I lie lo'.ihache and it was one of her (|
own I eel 11. too, ami not one of her |(
artificial ones."
I here shall he "food roads ami ru- j(
mors o| >>iMid loads, lint how we wish _
11 were I he former and lio| I lie laller, |(
merel\ I hat prevails around our puh- |(
lie - reel i ( and prominent street
crossings. \\ c | nisi the funds will
soon lie auifmciitcd so as lo <_;e| | he
macadam down hcl'ore the winter p
rains prevail. I he roads leadim: to
"ill" cily have been so well Worked.
epaired and prepared by the coiintv
lorce that ii is ;i pleasure lo spin |
over I hem. All limits come to those ^
who wail"- provided they hustle
while I hey wail.
Mr. and Mrs. Mark Kellers, of |,
(! reeii wi m h I are visit i 11 if at Mr. A. II ,
II a \v kin-.
Mi-- Annie Sinyley, of Kxcelsior, s
i- at Mr. P. C. Siiiyley's.
' he entertainment commit I ces b
I roni the missionary society and con-> ^
greyalion have been appointed as fol- ''
low-; Mrs. S. |). I )li uea ii. Mrs. (!. V. j "
Mnnler. Mrs. p. (Sin-ley. Mis<;H
Pilauche K iblcr, and Messrs. 1?. 15. ' ?'i
Srdiuiliperl, R. ( \ Com,Is. I'.irge Wise!
ami Al'?i/.o I'edenbauyli. These com-I n
milt ee- will deem ii a favor if the*
piri-honevs will -end in the number
ol delegates, they will lake for each |j
convent ion, narnimj them if you like. \
However, we wish we had faith P
-ullieient to move the beautiful North
Carolina mountains over the Slate
line into South Carolina. North Car- si
olina is not worthy of them.?News isi
and Courier. 'a
CTHE PANS ELECT OFFICERS.
nitcd Synod in Session at Savannah?President
Voigt Re-Elocied.
ews and (Y.nrior.
Savannah, fin., October i.? With
elected delegates present, tlio
11itI'd Synod of-the Lutheran C'iu'-ch
* the. South began its session hero
lis morning. Dr. A. CJ. Voigt,
harloston, was re-elected pre?.tdonl;
r. L. L. Smith. Strasbnrg, Va.. vli.e
esidont; the. Kev. S. 1. IlalhnaUj
l>artanhnrg, secretary; C. II. Duis,
harlottc, treasurer; all elections
ere unanimous. In his report for
to last two years, President Voigt
'commends an increase of funds for
jo seminary at Mount Pleasanta
tango of the publishing eommilleu
ito a board of publicity for Hie Synt;
a change in the constitution in
dor that the si/.e of the conventions
f the Synod may not he increased,
111 |he appoinlemenl of a committee
> provide a way of liquidating the
yiiml \s indebtedness.
The Woman's Missionary Conferlee
elected the following officers:
resilient. Mrs. Wylhe 1''. Mooreead.
Salem. \*a.; first vice presii*ni.
Mrs. A. I >. I\. llancher, Slaun>u,
Y,a.; second vice president, Mrs.
. A. Voder; recording secretary,
Irs. I*'. (Crottk. Columbia, S. ('.;
irresponding secretary, Mrs. .1. 0.
ringinau, Koanoke, \ a.; reporting
easiirer, Mrs. M. O. .1. Kreps, ProsI'rit
y, S. (
11 seems evident that the Synod
ill vote lo move the. Theological
eminary from Mount Pleasant. It.
probable that Dr. .1. II. Wilson,
lslor of tlie Lutheran Church of the.
seension hero, will be its next proslent.
RYAN AND TAFT GRASP
HANDS CHICAGO BANQUET
en Picture, of Dramatic Moment
When the. Two Candidates
Met.
< 'hieago, OH. i. Win. ?!. Bryan
ml Win. II. Tall, rival candidates
>r I In presidency of (lie lulled Slavs
met tonight at the fourth ai? "ia 1
ampiel of the Chicago Association
f Coiuinercc. The meeting is said
i be the first of its kind.
Bryan, having been in Chicago all
ay, was first lo arrive at the bannet
hull I in I he Auditorium Hotel,
'aft, having delivered a speech at.
io opening of the Deep Waterways
' invention in the forenoon, went to
lah'sbur'j. III., to deliver another adress
during I he afternoon, and reiirned
lo ('hieago tonight alter the
ani|iiel was under way.
An ear-splitting shout gave warnig
of the arrival of Tal'l. Bryan, in
oniinon with everyone else, rose and
mked toward the entrance, fall s
mj'e frame, moving like a ship among
swarm of lugs, was moving slowly
p the narrow a-isle between (lie two
ibli's. Bryan turned his head slowr
as hi- political rival drew near,
111iIi11vliyhlly. The dramatic iiuiiiint
which had been ant icipated with
ucli deep interest was soon over.
rvan'.- hand awaited I h a I of Tafl.
i single lingering pressure, a word
r so which none could hear because
f lie 111 in a 11 and the Kcpuhlicau
ader pushed <>n to a clniir at the
iglit of Mr. Mall.
In the first moment after the noise.
11bsi<11 <I. I'ryan leaning to one side,
ml smiling broadly, asked I all it he,
;ii] ?ood day. This display of
riendlitics* on the part of the two
amlidales stirred the crowd I?? roewed
cheering. 'Tall st>roked his
Iroad for answer Then Tafl laugliI
and applause < < eased.
The speeches o i Tafl and It rvan
ere both non-partisan.
Wo su-p.'l that the ^m'I, C.iiona
"oligarch" to which ex-Senator
IcLauri!' a-hidos i> i on-posed of
1 (),()00 men who voted in the recent
rimarV.
Mr. Bryan's latest reply was not
licer or do.- \ but tlri fashion this
riason doir.. id; ich'.'; colar*?News
nd Cour.er.