The herald and news. (Newberry S.C.) 1903-1937, October 09, 1908, Image 1
CO er al BRu cas.
VOL XLV NO 81NE EIIYS.0.FIA.OTBR910.TIEAWE.150AER
CHIEF JUSTICE POPE
ENJOINS ELECTIOI
CONTEST OVER DISPENSARY Il
LAURENS.
Case to be Heard in Columbia Octa
her 17-The Order and the
Petition.
Mr. John M. Cannon, of the firr
of Cannon and Blackwell, of Lau
ens, appeared before Chief Justic
Pope on Wednesday and secured
temporary restraining order agains
the commisioners of election for Lau
-rens county holding the electio:
wlfich has been ordered 'by' the count:
supervisor on voting on the quec
tion of the dispensary in that counts
The firm of Blease and Dominic]
are associated with Cannon an
Blackwell.
Chief Justice Pope granted the or
der and will hear the return to it of
the 17th day of October before th
full court in Columbia. A snecial tern
of the court has already been orderei
for the 16th of October to hear an
other case and the hearing of thi
case was set for the 17th.
The order of Chief Jastice Pop'
and the petition upon which the or
der was granted are printed in ful
and explain themselves.
STATE OF SOUTH CAROLINA,
IN THE SUPREME COURT.
Eighth Circuit-Laurens County.
J. W. Little, L. A. Armstrong an<
M. L. Nash, individually, and as Laur
ens County Dispensary Board, Peti
tioners,
vs.
C. D. Barksdale, A. C. Owings an<
Conway Dial, as Election Commis
sioners, and as County Board of Can
vassers for Laurens County, Respond
ents.
After reading the verified petition
in the above entitled case, and on mo
tion of Cannon & Blackwell, Bleasi
& Dominick, Attorneys for the Pe
titioners, IT IS ORDERED:
That the Respondents, C. D. Barks.
dale, A. C. Owings and Conway Dial
as Election Commissioners, and Coun
ty Board of Canvassers for the Coun
ty of Laurens, in the State aforesaid
do show cause before this Court
if any they have on the 17 day oi
October, 1908, or as soon thereaftei
as counsel can be heard, at Columbia
S. C., why they should not be re
strained and enjoined from proceed
ing further under the order of the
Supervisor of Laurens County, dated
September 30th, 1908, ordering ar
election to vote upon the question os
"For Sale,'' or "Against Sale,'' of
alcoholic liquors and beverages; why
they should not be restrained and en
joined from appointing managers tc
coaduct said special election, and
from furnishing and providing boxes
and tickets at the polls on the 3rd
day of November, 1908, for the pur.
pose of holding said special election,
or from doing anything in the matter
of holding said election; why the said
C. D. Barksdale. A. C. Owings and
Conway Dial shou.ld not be restr'ain
ed and enjoined from organizing as a
County Board of Canvassers to can
vass the returns and declare the re
sults of the said special election or
dered by the Supervisor of Laurens
County to be held on the 3rd day of
November, 1908, for the purpose of
voting upon the question of "For
Sale,'' or "Against Sale.'' of alco
holie liquors and beverages, in the
County of Laurens. State aforesaid.
Let a copy of this order, togeth
er with a copy of this petistion be
forthwith served upon each of the
respondents to this action.
Y. J1. Pope,
Chief Justice.
Dated at Newberry, S. C.. this the
7th da of Oct.. A. D., 1908.
STATE OF SOUTH CAROLINA.
IN THE SUPR EME COUR T.
Eighth Circuit-Laurens County.
J1. W. Little, L. A. Armstrong and
M. L. Nash. individually, and as Laur
ens County Dispensary Board. Peti
tioners.
C. D. Barksdale. A. C. Owings and
Conway Dial, as Election Commis
sin-s and as County Board of Can
vassers for Laurens County, Res-1 v
pondents.
PETITION. i
The petition of the above named e
Petitioners respectfully shows to the d
I Court: r
I. That J. W. Little, L. A. Arm- t
strong and M. L. Nash, are citizens, 1
- free-holders, tax-payers and qualified s
electors, residing in the County ofi t
Laurens, State aforesaid, and that a
they are the members composing the s
a Laurens County Dispensary Board, F
holding said office under a commission q
e from the State. e
II. That C. D. Barksdale, A. C. c
t Owings and Conway Dial have been t
- duly appointed Election Commission- s:
z ers, and County Board of Canvassers ii
v for Laurens County, holding said of- w
- fices under and by virtue of a com- o
mission from the State. f
III. That in pursuant to an Act of s:
'the Legisla,ture, entitled, "An Act to S
declare the law in reference to and
to regulate the manufacture, sale, a
use, consumption, possession, trans- o
portation and dispositino of alcoholic c
liquors and beverages within the C
State, and to police the same," ap- o
proved Febr-ary 16th, A. D., 1907, a e
petition was circulated in Laurens a
County for the purpose of securing a
the necessary .number of qualified ti
electors to call an election to vote c
upon the question of "For Sale," or f
"Against Sale," of alcoholic liquors o
or beverages in the Coui..ty of Laur- e]
ens, State aforesaid. 31
IV. That there is a special provis- p
sion in the Act of the Legislature o:
above referred to, giving the Counties o:
of Laurens and Edgefield the right tl
to vote upon the question of Dispen- b
sary, or no Dispensary at the General p
election, in the year, 1908, in the a:
mode provided therein. b,
V. That the Act of the Legisla- d:
ture above mentioned requires that tl
a written petition containing one- ai
fourth of the qualified electors of ir
any county desiring to vote upon the c
question of Dispensary, or no Dis- tl
pensary, or "For Sale" or "Against t
Sale," of alcoholic liquors and bever- in
ages shall be filed with the County a]
Supervisor before the first day of B
May in the year in which the election ,
is to be had. fr
VI. The Constitution of 1895, Art. el
II, Sec. 4 (b), provides, that there C:
shall be an enrollment of every elee- h<
tor in this State once in ten years; ei
and an Act of the Legislature, entit
led, "An Act to provide for holding
Elections in this State," approved
the 9th day of, March, 1896. provides;
that the first general enrollment un- 5'
der the Constitution of 1893 shall be
in the year 1896, and the same Act
further provides, that the next gen- N
eral enrollment shall be in the year, de
1908; thus making two. years in ex- th
eess of the time stipulated under the ti
Constitu-tion for the enrollment of er
electors of this State. t
VII. That the written petition as thi
is provided for in the Act of 1907, g
above referred to, for the purpose of
authorizing the County Supervisor to
order an election in Laurens County of
to vote upon the question of ''For
sale." or "Against S:ile," of alcoho
lic liquors and beverages was filed
before the Board of Registration for 3
Laurens County had open their books
for the enrollment of electors as is g
required under the Constitution of
1893, and provided for in the Act
of 1.896 above referred to, approved
the 9th day of March, A. D., 1896, TI
and that said petition does not con
tain one-fourth of the qualified elee- th
tors, as is provided for and requir
ed by the Act of the Legislature t
above men-tioned, approved on the
16th day of February. A. D., 1907. h
VIII. That the County Supervisori thi
for Laurens County has ordered anw,
eleetion to be held on the 3rd day of sa
November, 1908, for the purpose of we
voting upon the question .of ''For be
Sale.'' or "Aginst Sale.'' of alco
holie liquors and beverages in Laur- ee
ens County. and that the petition fil
ed with the said Supervisor before edi
the first day of May, 1908, for the on
purpose of authorizing such action on p
his part does not contain one-fourth on
of the qualified electors in Laurens th
County. lit
IX. That the order of the Super
visor of Laurens County ordering the
ote upon the quetsion of "For
ale,'' or ''Against Sale of alcohl
liquors and beverages in Laur
us County is not in accor
ance with the Act of the Leg
;lature, entitled, "An Act to declare
ie law in reference to and to regu
ite the manufacture, sale, u"c, con
.anption, transportation L nd d, posi
ion of aicholic liquors and bever
ges within the State, and police the
ame," approved the 16th, day of
ebruary, 1907, in that the Act re
aires two boxes to be used in said
lection, in one of which shall be
ast th' b:a10ts of :hose -r:ting the
.eket "I cr Sale,' and in the other
iall be cast the ballots of thoce vot
ig the tickets "Against Sale,"
'hereas the order of the Supervisor
rdering the said election provides
)r the use of only one box in which
iall be deposited the ballots "For
ale" and "Against Sale."
WHEREFORE, your petitioners
k that a rule be issued by this Hon
cable Court requiring the Election
ommissioners and County Board of
anvassers, C. D. Barksdale, A. C.
wings and'Conway Dial, the respond
its above named to show cause, if
ay they have, before this Court on
day certain why a writ of injune
on should not be issued from this
ourt restraining and enjoining them
-om proceeding further under the
der of the Supervisor ordering an
ection in Laurens County on the
-d day of Novenber, 1908, for the
irpose of voting upon the question
"For Sale," or "Against Sale"
alcoholic liquors and beverages;
rat the said Election Commissioners
restrained and enjoined from ap
inting managers of this election,
id from furnishing and providing
>xes and tickets at the polls on the
iy appointed for the said election by
te order of the Supervisor, or to do
iything else in the matter of hold- I
g the said election to vote on the
)ecial question above mentioned;
at the said County Board of Can
issers, C. B. Barksdale, A. C. Ow
gs and Conway Dial be restrained
id enjoined from organizing as a
ard of Canvassers to canvass the l
)tes cast upon this question and
om declai ing the results of the said
ection upon the question of "For
e.or ''Against Sale' of aleo
lie liquors and beverages in Laur
is County, State aforesaid.
Cannon & Blackwell,
Blease & Dominick,
Petitioners' Attorneys.
Laurens, S. C., October 6th, 1908.
PATE OF SOUTH CAROLINA,
COUNTY OF LAURENS.
Before me personally came M. L.
ash, who first being duly sworn
poses and says: That he is one of
e Petitioners to the foregoing pe
ion, and is a member of the Laur
is Conntyv Dispensary Board, and
at he knows of his own knowledge
e allegations contained in the fore
ing petition to be true and correct.
M. L. Nash.
Sworn to before me this the 6th day
October, A. D., 1908.
Jno. M. Cannon, (Seal),
Notary Public for S. C.
NATOR CROUCH'S BIG LOSS.
~luda Oil Mill and Ginnery Burned
Causing Damage of $16.000-In
surance of $6,700.s
ie State.
Saluda, Oct. 7.--About 2 o'clock
is morning the Saluda oil mill and (
rnery was destroyed by fire, en- E
iling a total loss of all except the v
iall office building and the seed a
use and contents. The plant was y
e property of Hen. B. W. Crouch, c
io boua-ht it at a recent sheriff'e I
e. He had p)ut it in fine order and a
e entering upon what promised to
a successful season.s
Al:! indications so far point to in- p
adiari: m.
Mr. ' :mch 's inv.estmnent rnresent- h
an outlay of over $16.000. With
ly about $6.700) insurance on thej3
rt des"troved,. the loss falls be:r:ily
him, and it is a distinct loss a
e business of the town. There is il
tle proba:hility of rebuild'ng. t
The scre ehi owl is a night derider. 3
MR. WICKER WRITES A LETTER C
Pleased With the Roads-Says the c
People Out West Know Some
Things. d:
Mr. Editor: I left Newberry last
Friday at 3.20 p. m., spent the night
in Greenville, leaving the next morn
ing at 8 o'clock. I have.been making
close connections ever since and now TI
-Sunday 3.20 p. m. I am on the train
speeding over the level plains of
northern India,na. Nearly 24 hours
yet before I reach my destination,
Omaha, Neb. I passed through the TM
greater part of Kentucky in the night L:
time the sun rising just as we passed
through Georgetown. We have had f<
daylight on Ohio and Indiana and I; at
must say I never saw a more beauti
ful country. In our section cotton is
is king; here corn is king. Everything
is corn, corn. corn, hundreds and hun- w
dreds of acres of it. I have noticed
this about the rows: they are much vi
closer together than ours and the
stalks are thicker in the drill and this M
is the case on comparatively poor
land. Another thing: where the land th
si a little rolling the farmer pays no M
attention to it, he runs his rows
straight from one end of the field to to
t.he other. te
Now the roads. Well they are sim
ply grand-as pretty and white and la.
;mooth as if they had been run
through Sam Sing's laundry. They M
ion't turn and wind about in order M
to find the steepest hills they can find at
to go over but when they do turn and wl
vind about it is to avoid the hills. we
rhis is the only way to have level
roads in a hilly country. This is a rv
ery simple lesson to learn and one
:hat cannot be overestimated when er
.ooked at from the standpoint of
Tconomics yet these people learned it
nd can repeat every word of it by f
earts in less than fifty years and we o
3outh Carolinians have had two hun
fred and fifty years to learn it and G
ve don't know it yet. Bring out the to
lunces stool and cap. We will have du
ibout five hours to spend in Chicago
,onight (Sunday) leaving about 10 Hi
. m. and reaching Omaha tomorrow
tbout 1.20. no
T. E. Wicker. tei
Oct. 4, 1908. th
THE NEWS OF WHITMIRE. as
'he Millinery Openings Were Ela- th
borate and Beautiful-Many gr
Coming and Going. w
Whitmnire, Oct. 8.-Mrs. Pauline -he
trnold, of Kentucky, is visiting her m:
>rother, Mr. Jno. P. Fant. "
Mr. Barney Herren is spending we
ome time with relatives at Marion. th'
Mrs. Wm'. Coleman and children on
ave returned home. They spent the arl
ummer in Asheville, N. C.
Miss Dessie Shackleford is with mc
er brother, Mr. Rudolf Shackleford it
ma family. m
Messrs. Will Brown and Haskel] lie
Eright, of Clinton, were in town err
-esterday. o
Mr. Sam Gary, who was with Rice mi
ma Coleman for many years while rai
hey wvere grading railroads, has on
raded Coleman avenue from the resi- rei
enee of Mr. Win. Coleman to the foi
lethodist parsonage. It adds won- ovi
lerfully to the appearance on our l
ide of town. wh
Mr. and Mrs. R. H. Burton were at :
{r. S. A. Jeter's Saturday. GOr
The Glenn-Lowry Co.. and Cooper Ha
'0o's store each had their opening on
aturday. The beauty of these stores i>
as enhaneed with beautiful palms ,
nd ferns and trimmings of tissue
aper' in red, white, and blue. Many
f the hats were quite pretty and grE
'm sure vou would not wish them
dded to in size nor price.
Mrs. John MoCarley and children
pent Saturday and Sunday with her
an(
arents. Mr. and Mrs. Spencer Sims..
Mr. Dan May is visiting relatives i
ere. a
Mrs. W. B. Oxner and son and
frs. .John McGowan have been at ;eor
Is. Eliza Nance's for a few days.
Miss Ethel Speers came this even
m. She is at the home of her bro- suif
er. Rev. Foster Speer. Ca
Mrs. 0. Auld and daughter are at lin
fr. W. A. Andrews. olii
?dar Sprinrs to resume her studies; LUTJ
r mother, Mrs. McD. Metts, ac
inpanied her as far as Laurens. Unite
Dr. J. K. Gilder was in town Sun- na
Ly to see Mr. Jno. P. Fant, who is
tite ill.
Nita. News
-"- Sa
THE NEWS OF PROSPERITY. 91 e]
Unite
de Conventions of the Lutherans- of th
Good Roads to the City-Tent this
Meeting. Char]
Dr. I
Prosperity, Oct. 9.-Mrs. M. C. presi<
orris and children are visiting at :Spa'rt
kesland. Char]
Mr. 0. B. Simpson left yesterday were
r Charleston to complete his course the 1
the medical college. recon
Miss Mamie Jennings. of Bamberg, the
at Mr. J. D. Quattlebaum's. chans
Mr. R. H. Russell spent Sunday into <
Eth his children. od;
Dr. T. F. Littlejohn, of Pacelot, order
sited friends this week. of th
Mrs. Nett?e Gibson visited Mrs. and t
oseley a few days. to pr
Mr. C. Maxey Harmon attended Synod
e pugilistic contest in Columbia Th<
onday night. ence
Miss Gertrude Bobb went Friday Presi,
Bowman 's. Orangeburg county, to head,
ach in the school there. dent,
Rev. C. M. Boyd was on our streets ton,
;t week, greeting his many friends. R. A.
Mr. and Mrs. A. G. Wise, Rev. and Mrs.
rs. Kreps, Mrs. G. Y. Hunter and corre.
r. A. H. Kohn are at Savannah in Bring
tendance upon the United Synod treast
iieh is in convention there for a perity
ek. It
Miss Rosalyn Summer, of Newber- will
, visited Mrs. Harmon last week. Semir
Miss Sallie Pugh is with her broth- is pr
Mr. Robt. Pugh. pastoi
Mr. Willie Moseley has returned Ase
)m a tour of Firoida and other ident.
ints South.
Mrs. Alice Robertson is training BRY1
ace church choir, and preparing it
render some very choice music
ring the convention and synod. Pen
Mrs. Lawrence Sease visited Dr.
inter'S family recently.
The tent meeting is in full blast Chi
w and seems to be fairly well at- and I
ided. None are so good but that for th
y might be better. te mi
D)ne of our little boys can furnish banqu
cute and laughable sayings as any of Co
ier town's youngsters. Two or to be
ree nights ago his auntie suffered Bry
~atly with the tooth .ache. On his day,
.y to school the next morning he quet
q>ped to >tell aniother aunt and what T*- .t,
says goes to prove that there are the o:
my genuine things in Prosperity. Conte~
'tell you, Aunt Mary, Aunt Lizzie Galesi
3s awful sick last night. Her had dress
toothache and it was one of her turnet
n teeth, too, and not one of her ba.nqu
:ificial ones.'' An
I'her~e shall be good roads and ru- ing of
irs of good roads. But how we wish comm1
were the former and not the latter, looked
rel.' that prevails around our pub- huize
green (?) and prominent street a swa
>ssines. We trust the funds will upth
mn be augmented so as .to get the tables.
scadam down before the winter lv as
ns prevail. The roads leading ~to smilin
city have been so wvell worked, ent w
>aired and prepared by the county such
ee that .it is a pleasure to spin Bryan
r therr. "All things come to those A i
n wait''--provided they hustleors
ile they wvait. of th4
~fr. and Mrs. Mark Fellers, of leader
unwood are visiting at Mr. A. H. right
wkins- In t
fiss Annie Singley, of Excelsior, suibsid
at Mr. P. C. Singley's. and sn
LTe entertainment committees had a
mn the missionary society and con- friend:
eation have been appointed as fol- candid
-:Mrs. S. D. Diuncan. Mrs. G. Y. rnewed
uter. Mrs. P. C. Singley, Miss throa~t
meche Kibler. and Messrs. B. B.lIed and
mumpert. R. C. Counts. Birge WiseTh
I Alonzo Bedenbaugh. These comn- W1 weel
tees -will deem it a favor if the
ishoners will send in the number JWe
delegates, they will take for each lina "'
vention. naigtem if you like. McLau
110.00(
Iowever. we wish we had faith primar
lient to move the beautiful North
oina mountains over the State Mr.
into South Carolina. North Car- sheer<
a is not worthy of them.-News,season
ICourier. and C<
IERANS ELECT OFFICERS.
d Synod in Session at Savan
,h-President Voigt Re-Elect
ed.
and Courier.
annah, Ga., October 7.-With
ected delegates present, the
d Synod of the Lutheran C(inch
e South began its session here
morning. Dr. A. G. Voigt,
eston, was re-elected presideut;
. L. Smith, Strasburg, Va., v'e
lent; the Rev. S. T. Hallman,
:anburg, secretary; C. H. Dais,
otte, treasurer; all elections
unanimous. In his report for
ast ,two years, President Voigt
imends an increase of funds for
eminarv at Mount Pleasant; a
e of the publishing committee
L board of publicity for the Syn
i change in the constitution in
that the size of the conventions
e Synod may not be increased,
he appointement of a committee
ovide a way of liquidating the
l s indebtedness.
3 Woman's Missionary Confer
elected the following officers:
ient, Mrs. Wythe F. Moore
Salem, Va.; first vice presi
Mrs. A. D. R. Hancher, Staun
Fa.: second vice president, Mrs.
Yoder; recording secretary,
E. C. Cronk, Columbia, S. C.;
;ponding secretary, Mrs. J. C.
man, Roanoke, Va.; reporting
trer, Mrs. M. 0. J. Kreps, Pros
, S. C.
;eems evident that the Synod
ote to move the Theological
tary from Mount Pleasant. It
Ybable that Dr. J. H. Wilson,
of the Lutheran Church of the
sion here, will be its next pres
LN AND TAFT GRASP
HANDS CHICAGO BANQUET
Picture of Dramatic Moment
Vhen the Two Candidates
Met.
3ago, Oct. 7.-Wm. J. Bryan
tm. H. Taft, rival candidates
c presidency of the United Sta
it tonight at the fourth a.nial
et of the Chicago Associat.ion
~mmeree. The meeting is said
the first of its ki.nd.
an, having been in Chicago all
vas first to arr:ive at the ban
ball in the Auditorium Hotel.
having delivered a speed1i at
ening of the Deep Waterways
ntion in the forenoon, went to
>urg. Ill., to deliver another ad
duri-ng the afternoon, and re
I to Ohicago ,tonight after the
et was under way.
ear-splitting shout gave warn
the arrival of Taft. Bryan, in
>n with everyone else, rose and
I toward the entrance. Taft's
frame, moving like a ship among
rm of tugs, was moving slowly
Snarrow aisle between the two
Bryan turned his head slow
his political rival drew near,
e- slightly. The dramatic mom
Lichi had- been anticipated with
deep interest was soon over.
's hand awaited that of Taft.
ele lingering pressure, a word
which none could hear because
tumult and the Republican
pushed on to a chair at the
f Mr. Hall.
he first moment after the noise
ed, Bryan leaning to one side,
3iling 'broadly, asked Taft if he
good day. This display of
[iness on ithe part of the two
ates stirred the crowd to re
cheer-ing. ITaft st.roked his
for a.nswer. Then Taft laugh
applause increased.
speeehes of Taft and Bryan
eoth non-partisan.
suges:~ that the Ani (aro
oligareh'' to which ex-Senator
ri!' .!!udes is (.n-pFosed of
men who voted in the~ recent
v.
Bryan's latest reply was not
>r sle 0., but the fashion thuis
den'uds richet cobr!.-News