University of South Carolina Libraries
THE MERGER SUIT HAS BEEN DECIDED CASE AGAINST SOUTHERN GOES BACK FOR HEARING. Attorney General Lyon Will Have to Push Original Complaint?History of the Case. The State. The State supreme court has rendered a decision in the famous merger suit brought by the State of South Carolina against the Southern railway. The decision reverses the order of the lower court, which allowed the attorney general to withdraw the present suit and bring) other proceedings but allow the at-J torney general to try the suit at any time and does not affect the issues. The decision is of vital importance, although it is probable that with the appeals and demurrers entered it will be some time before it is finally settled. The history of the merger suit is familiar to those who have followed it. Some years ago the Southern railway acquired the old South Carolina road and several branch lines in Iliis State, a special act being passed by the general assembly authorizing the lease. After the leases were completed several suits were brought bv private parties against the Southern railway on the ground that the constitution had been violated in that competing lilies had been bought up. The object of these suits was to obtain penalties from the railroad as provided by law. Finally at the request of the late Attorney General Ciunter, the general assembly authorized that department to bring suit to test the validity of these leases, the railroads being anxious to settle the case. The papers were accordingly made out and tiled. After much litigation the case was ordered to a master for testimony. These matters were in the hands of Attorney General Gunter and Younians, both deceased. Judge Klugh's Order. When the case was called, shortly after Attorney General Lyon took office, a motion was made by that official to withdraw the present ' case. This motion was resisted by attorneys for the Southern railway, but the attorney general was sustained, and the following order was issued by Judge Klugh: "This case comes before the court on motion of the attorney general to withdraw his complaint herein and discontinue these proceedings. "After hearing argument 011 both sides, it being the opinion of the court that the attorney general has the right and authority to discontinue such proceedings and that an order to that effect shojild be granted upon payment of costs; it is "Order.ed and adjudged, That the clerk of this court do within 15 days lax the proper costs and disbursements in these proceedings and upon the payment by the plaintiff of the costs and disbursements so taxed the plaintiff have leave to withdraw this complaint and summons and discontinue this action \ without prejudice. | "J. C. Klugh, Presiding Judge." 1 The Exceptions. From Jhe order of Judge Klugh the following exceptions were taken: "Excepts because the circuit, court erred in allowing the plaintiff to discontinue this action for the reason and on the ground that the attorney general as plaintiff's attorney had the right and authority so to do; whereas, it is submitted that if the case could be discontinued at all against the objection of the defendants, it was only in the exere-'se of the judicial discretion of the court and not as a matter of 1 right on the part of the plaintiff. Kxcepts because the circuit court erred in holding that it had 110 discretion in the matter and could jiot refuse the 1110 ion of discontinuance made by the plaintiff, but I must grant it as a matter of right, | whereas it should have held that it had such discretion and refused to grant the motion. "Kxcepts because the circuit court failed and refused to exercise its judicial discretion as t'o granting a discontinuance in this case and did not in such exercise refuse the plaintiff's motion. "Kxcepts because the circuit court erred in not holding and deciding that in the exercise of its judicial discretion it would refuse | plaintiff's motion, instead of holding as it did that the attorney general as plaintiff's attorney had the absolute right and authority to discontinue. "Kxcepts because the circuit court erred in not holding that a discontinuance of the case would deprive the defendants of a substantial right, and therefore a discontinuance should be not granted. "Kxcepts because the circuit court erred in not holding that under the law and practice of the courts ol this State this was not a case that could be discontinued without the consent of the defenI dants or without the leave of the | : court in the exercise ol its judicial j discretion if I he defendant objects; to such discontit.uanee. "Kxcepts because the circuit i court erred in not holding that the I ; plaintiil was estopped or concluded j from moving to discontinue the case by reason and on account of I the matters and things set out in ' the affidavits submitted b\ defen-1 I dants to the court. ! Kxcepts because the circuit' court erred in not holding that the defendants by their answer set up and claimed affirmative and ]>ositive relief to which thev were entitled by the statute under and by virtue of which the case was instituted, and that by the provisions of the act of 1904 they were entitled in this proceeding to have their rights and obligations declared and protected in the decree to be rendered. and hence this case could not be discontinued without their consent. "Kxcepts because the circuit court erred in not holding that under the terms and provisions ot the acts authorizing the institution and maintenance of this action the attorney general could not without further direction of the general assembly discontinue the same, the general assembly having expressly directed and provided for its prosecution and not for its discontinuance. "Excepts because this being a case in equity, his honor, Judge Purely, as circuit judge, had by order made ip i?jo-| framed five issues of fact and directed the same to be tried by a jury on the law side of the court. These issues were placed on calendar 1 for trial before the court and a jury. The mattcrcainc before the circuit court 011 the call of the calendar 1, for the trial of these issues, under this order of Judge Purdy. The c rcuit court therefore having only before it the issues so ordered to be tried, by another circuit judge could not refuse to try the same and .try the whole cause 011 the motion of the attorney general." The decision of the supreme court sends the case back to the circuitjcourt for trial 011 the old complaints. The future action of the attorney general in the case has not yet been outlined, but it is possible that the complaint may now be amended so that the original order will be eairied out under a new form. NEWBERRY UNION STATION. Arrival and Dcparturo of Passenger Trains?Effectivo 12.01 A. M. Sunday, June 7th, 1908. Southern Railway: No. 15 for Greenville .. . .8.57a.m. No. 18 for Columbia .. ..1.40 p.m. No. 11 for Greenville .. ..3.20 p.m. No. 1(> for Columbia 8.47 p.m. ' C., N. & L. Ity. No. 22 for Columbia .. ..3.47 a.m. j No. 52 for Greenville .. 12.56 p.m. No. 53 for Columbia .. ..3.20 p.m. No. 21 for Laurens .. ..7.25 p.m. * Does not run on Sunday This time table shows the times at b which trains may bo expected to d'e- ' part from this station, but their de parture is not guaranteed and the | I timo shown i3 subject to change with- j out notice. 1 G. L. Robinson, 1 Station Master. | |] CHARIjESTON & WESTERN CAR- ' L OLINA RY. 5 it Schedule in effect May 31, 1908. ra ti Lv. Newberry(C N & L) 12:56 p.m. For Ar. Laurens 2:02 p.m. -I.01"'' Lv. Laurens (C & W C) 2:35 p.m. ?ou" Ar. Greenville 4:00 p.m. Aches Lv. Laurens 2:32 p.m. on?vl Ar. Spartanburg 4:05 p.m. ers'n t r~i , , ,? ' 1 NOAM f Lv. Spartanburg (So. Ry.) ,):00 p.m. ? ., Ar. Hendersonvillo 7:45 p.m. ? Ar. Ashevillo 8:50 p.m. Lv. Laurens (C & W C) 2:32 p.m. Ar. Greenwood 3:32 p.m. ] Ar. MeCormick 4:33 p.m. Ar. Augusta 6:15 p.m. i Tri-Weekly Parlar Car line between Augusta and Ashevillo. Trains ^ Nos. 1 and 2, leave Augusta Tuesdays, | Thursdays and Saturdays, leave oj(| Ashevillo Mondavs, Wednesdays and < , I'l"" 1' ridavs. .. Note: The above arrivals and dopartures, as well as connections with I oilier companies, are iriven as infor-|s , mat ion, and are not guaranteed. Ernest Williams, Gen. Pass. Agt.. ? Augusta, Ga. !$ Geo. T. Bryan. Greenville, S. C.. Gen. Agt. BLUE RIDGE SCHEDULES. , Eastbound. No. IS, leaves Anderson at 6.30 a. m., for connection at Bclton with Soul hern for Greenville. No. 12, from Walhalla, leaves Anderson at 10.15 a. in., for connection & at Belton with Southern Railway for Columbia and Greenville. No. 20, leaves Anderson at: 2.20 p. in., for connections at Belton with . Southern Railway for Greenville. No. 8, daily except Sunday, from Walhalla arrives Anderson 6.24 p. in., with connections at Seneca with " Southern Railway from points south. No. 10, from Walhalla, leaves An- f | derson at 4.57 p. n^. for connections I at Belton with Southern Railway for i Greenville and Columbia. Westbound. 1J| No. 17, arrives at Anderson at 7.50 lf| . in., from Belton with connections from Greenville. No. 0, arrive?- at Anderson at 12.24 p. m., from Belton with connections from Greenville and Columbia. Goes to Walhalla. No. 19, arrives at Anderson at 3.10 p. m., from Belton with connections from Greenville. No. 11, arrives at Anderson at .29 p. m., from Bclton with connections from Greenville and Columbia. Goes to Walhalla. No. 7, daily except Sunday, leaves Anderson at 9.20 a. in., for Walhalla, with connections at Seneca for local points s.iulli. Nos. 17, 18, 19, and 20 are mixed j! trains between Anderson and Beltor,. Nos. i and 8 are local freight trains, carrying passengers, between , Anderson and Walhalla and between j \ValhallM nnt1 Anderson j JNO. P. LONG.I have a nice up-to-date line of Shoes, Hats, Dress Goods, Notions, Underwear, and everything that goes to make a complete stock of jj general merchandise. j; SEE ME BEFORE BUYING. I JNO. P, LONG, SILVER STREET, S. C. | ODIIIUCOCAINEahd I rlUlfl WHISKEY. I Habit* cured at my Sanatorium In m k? f#w woeka. You can return to your M homo In 30 days well, frooan<l happy. | W I have made thoao hahltR a unoclnlty for S 2ft yoarH and oil rod thoiiHanda. pnpr J Hook on Homo Treatment aont rtlCC U A<l(lrort? Oil. II. M. IVOOM.KV, vntn 'oa N. Vrjor iJtr?et, Atlnnto, W*. ? awe Doctors' < BS \ y having at hind when the emergency 1 rises bottle of ? rmrra ifaffliSii ? Puro, 5?-onjc and Penetrating, that L stops nw it Immediately all Inflam- " lation, congestion, aches and pains ol i? Nerves, bones, Cords and Muscles. Rheumatism, Sciatica, I.ame Back, Still \ s, and Muscles, Sore Throat, Colds, Strains, us, Cuts, liruiscs, Colic, Cramps, liulifcsroothache, and a\l Nerve, Hone and Muscle ! and Pains. The genuine has Noah's Aik iry package, asc., 50c. and f. 1.00 by all dealmedicine every where. Sample by mail free. / tEMEOr CO.,RICHMOND,VA..A UO?TOM, MA8I., U * and Guaranteed by Gilder & Week* FOR SALE. 1.) lurse power International (Jas- n online almost, new. 1 - hor.-e power Steam engine, the .. r make on seidils. l-'lourinj* Mill with all fixtures. iro.nl hrood family mare, 10 years \v in fold from fanirlnnan Bros. p Kentucky horse. ill -'ell any or all of (he above M-rty ilown at unheard of prices. A ill and see me at Little Mountain. A. X. II.il.iiiil, SSI William E. Pelham & S E# PEOPLE Pi l\TH CASH T| Our customer A check accoi Bank will elii difficulties of funds as you \ Your business conned. . . . HE EXCHANGE of Newber D. DAVENPORT, President. SOME OF OUF To be conservative. To pay four per cent. To calculate interest semi-a To bond every employee. To be progressive and accoi To lend our money to our c To treat our patrons courte To be liberal and prompt. To secuie business 110111 all TO IiK TIIK VICRY HKS'l TO DO BUSINESS \\ Our institution is under the sti examined by the State Bank Kxai The Bank of Pi osperit, DR. GKO. Y. IIUNTKR, President. J. F. BROW NIC, Cashier. aammuBaua ( >PERA HOUSE 11 EARHARDT & BAXTER, | Lessees and Managers. | Saturday, Nov. 28. JED CARLTON prusknts Beatrice Gordon : Was She to Blame' l dramatization of BKRTlIA M. CLAY'S beautiful story "A BITTER ATONEMENT" l complete Stage Product ion. Special Scenery. Competent Cast. If there is any humor in your lake-up you will laugh 'till you cry. If your heart has a tender spot lis play will reach it. Seats on Sale at Newberry llardare Co. rices 25. 35 .v* and 75 Cents. . W. JONES. THE PLUMBER, lias simp ii:st l>;u\ ??C pos-t ofl'u.-e. i t imates furnished ??11 npplicalii>n. j aop.ur '?\uii? J !? /??i5< WWWSc! CINE C0.,ST105J!S"-A on, Newberry. S. C. AY BILLS [IESE DAYS s know this, mt with this minate any using your vish. . . . > will be wel BANK ry, S. C. M. L. SPEARMAN, Cashier. l POLICIES: | initially. r] inmodating. [ nistoiners. U ['HANK FOR YOU U thi. I 1 pervision of and regularly 1 inner. Prosperity, . y, s. c. i DR. J. S. WIIKKLKR, fj V. President. H J. A. COUNTS, fj Assistant Cashier. j| ^ Newberry Hardware Company VJi Q) % 21 B nwi^ffr-; it mi IIIIMHiiM bshh KB! iiBMi Cl> a IEWBERRY 1ARDWARE 50MPAHY.