Historical Newspapers of South Carolina

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THE MERGER SUIT HAS BEEN DEGIDED CASE AGAINST SOUTHERN GOES BACK FOR BEARING. Attorney General Lyon Will Have to Push Original Complaint-History of the Case. The State. The State supreme cou.xrt has ren dered a decision in the famous mer ger suit brought by the State of South Carolina against the South err railway. The decision reverses order of the lower court, which allowed the attorney general to withdraw the present suit and bring other proceedings,but allow the at torney general to try the suit at any time and does not affect the issues. The decision is of vital im portance, although it is probable that with the appeals and demur rers 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 this State, a speial act being passed by the general assem bly authorizing the lease. After the leases were completed several suits were brought b y private par ties against the Southern railway on the ground that the constitution had been violated in that competing lines had been bought up. The object of these suits was to obtain penalties from the railroad as pro vided by law. Finally at the re quest of the late Attorney General Gunter, the general assembly au thorized 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 filed. After much litigation the case was ordered to a master for testimony. These matters were in the hands of Attorney General Gunter and Youmans, both de ceased. 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 sus tained, 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 pro ceedings. "After hearing argument on both sides, it being the opinion of the court that the attorney general has the right and authority to dis continue such proceedings and that an order to ,that effect sho.uld be granted upon payment of costs; it is "Order.ed and adjudged, That the clerk of this court do within 15 days tax the proper costs and disbursements in these proceedings and upon the payment by the plain tiff of the costs and disbursements so taxed the plaintiff have leave to withdraw this complaint and sum mons and discontinue this action without prejudice. "J. C. Klugh, Presiding Judge." The Exceptions. From the order of Judge Klugh the following exceptions were taken: "Excepts because the circuit court erred in allowing the plaintiff todiscontinue this action for the reason and on the ground that the attorney general as plaintiff's attor ney 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 ex er'se of the judicial discretion_ of the court and not as a matter of right on the part of the plaintiff. "Excepts because the circuit court erred in holding that it had no discretion in the matter a.nd could not refuse the mo ion of discontin uance made by the plaintiff, but must grant it as a matter of rirh wherea., it should have held that had such discretion and refused t grant the motion. Excepts because the circu court failed and refused to exe: cise its judicial discretion as granting a discontinuance in th case and did not in such exerci refuse the plaintiff's motion. "Excepts because the circu court erred in not holding and d ciding that in the exercise of its ji dicial discretion it would refu plaintiff's motion, instead of hol< ing as it did that the attorney gei eral as plaintiff's attorney had tI absolute right and authority to di continue. "Excepts because the circu court erred in not holding that discontinuance of the case wou: deprive the defendants of a sul stantial right, and therefore a di continuance should be not grantei "Excepts because the circt court erred in not holding that u der the law and practice of t] courts of this State this was not case that could be discontinu< without the consent of the defe dants or without the leave of t] court in the exercise of its judici discretion if the defendant objec to such discontir.nance. 'Excepts because the circt court erred in not holding that t] I plaintiff was estopped or concludi from moving to discontinue t] case by reason and on account the matters and things set out the affidavits submitted b defe dants to the court. "Excepts because the circt court erred in not holding that t] defendants by their answer set i and claimed affirmative and po. tive relief to which thev were e titled by the statute under and 1 virtue of which the case was ins1 tuted, and tlhat by the provisions the act of 1904 they were entitl< in this proceeding to have the rights and obligations declared ai protected in the decree to be re: dered, and hence this case cou not be discontinned without the consent. "Excepts because the circu court erred in not holding th under the terms and provisions Ithe acts authorizing the institutic Iand maintenance of this action tl attorney general could not withol further direction of the gener assembly discontinue the same, tl general assembly having express directed and provided for its pros cution and not for its discontin ance. "Excepts because this being case in equity, his honor, Judi Purdy, as circuit judge, had by~ c der made ip 1904 framed five issu of fact and directed the same toi tried by a jury on the law side the court. These issues were pla ed on calendar r for trial before tl court and a jury. The matter cail before the circuit court on the ci of the calendar 1, for the trial these issues, under this order Judge Purdy. The c rcuit cot therefore having only before it t] issues so ordered to be tried, by a other circuit judge could not refur to try the same and .try the whc cause on the motion of the attorni Igeneral." The decision of the suprer court sends the case back to t: circuitcourt for trial on the old coi plaints. The future action of t: attorney general in the case has n yet been outlined, but it is possil that the complaint may now amended so that the original ord Iwill be carried out under a ne form. NBWBRY UNION STATION. Arrival and Departure of Passeng Trains-Bifective 12.01 A. M. Sunday, June 7th, 1908. Southern Ra:'.way: No. 15 for Greenville .. . .8.57a. No. 18 for Columbia .. ..l1.40 p. No. 11 for Greenville .. . .3.20 p. No. 16 for Columbia .... .3.47 p. C., N. & .Ry. No. 52 for Greenville .. 1.56 p itNo. f3f' Cohunbia . .3.20 p. *No. 21 for Laurens . .7.25 p. * Does not ran on Sunday This time table shows the times it which trains may be expeeted to < r- part from this station, but their < parture is not guaranteed and I time shown is subject to change wI is out notice. e G. L. Robinson, Station Master it CHARLESTON & WESTERN CA OLINA RY. e Schedule in effect May 31, 1908 I- -- 1- L-v. Newberry(C N & L) 12:56 p Ar. Laurens 2:02 p Lv. Laurens (C & W C) 2:35 p Ar. Greenville 4:00 p Lv. Laurens 2:32 p it Ar. Spartanburg 4:05 p a Lv. Spartanburg (So. Ry.) 5:00 p d Ar. Hendersonville 7:45 p Ar. Asheville 8 :50 p Lv. Laurens (C & W C) 2:32 p s- Ar. Greenwood 3:32 p I Ar. McCormick 4:33 p it Ar. Augusta 6:15 p Tri-Weekly Parlar Car line tween Augusta and Asheville. Tra e Nos. 1 and 2, lea;e Augusta Tuesde a Thursdays and Saturdays, le d Asheville Mondays, Wednesdays I n- Fridays. le Note: The above arrivals and al partures, as well as connections v, other companies, are !ven as ini iation. and are not guaranteed. Ernest Williams, tit IGen. Pass. Agt., Augusta, G2 Fe Geo. T. Bryan. d Greenville, S. C., ie (hen. AgI of BLUE RIDGE SCHEDULES. Eastbound. it No. 18, leaves Anderson at 6.3( Le M., for connection at Belton v Southern for Greenville. .1- No. 12, from Walhalla, leaves derson at 10.15 a. m., for conneet n at Belton with Southern Railway )Y Columbia and Greenville. :i- No. 20, leaves Anderson at c of p. in., for connections at Belton a ad Southern Railway for Greenvilki :ir No. 8, daily except Sunday, fr dWalhalla arrives Anderson 6.24 idn., with connections at Seneca a "Southern Railway from points sot id No. 10, from Walhalla, leaves :ir derson at 4.57 p. ng, for connecti< at Belton with Southern Railway itGreenville and Columbia. Westbound. No. 17, arrives at Anderson at 7 a. mn., froln Belton with connectii n from Greenville. 1e No,. 9, arrives at Anderson at 1!2 Lt p. in., from Belton with connectil al from Greenville and -Columbia. G e to Walhalla. ly No. 19, arrives at Anderson at 3 e. p. mn., from Belton with connectil from Greenville. No. 11, arrives at Anderson 6.29 p. in., from Belton with e a nections from Greenville and Cohi e bia. Goes to Walhalla. r- No. 7, daily except Sunday, lea es Anderson at 9.20 a. mn., for Walha dwith connections at Seneca for lc poimts s;auth. ot Nos. 17, 18, 19, and 20 are mi: C- tr'a'ns between Anderson and Belt ae Nos. 7 and 8 are local frei ne trains, carrying passengers, betw al Anderson and Walhalla and betw Wa\Vlhalla ant' Anderson ?JNO. P. ONI e I have a nice up-to-date line of Shoes, Hats, ue Dress Goods, Notions, ~Underwear, and every ot thing that goes to make be a complete stock ol wgeneral merchandise. SEE IE BEFORE BUD JNO. P. LONG1 SIL.VER STREET, S. C PIUMGH18KE Habits cured at my Sanatodium borne in 30 days well. free and ha Ihave made thes habits a secialt: Book on Borne Treatment sent F Address DE. B. N. WOOIL m1Save Doctors Bills at by having at hand when the emergenc arises a bottle of he th R So Pure, Strong and Penetrating, tha it stops almost immediately all Inflam mation, congestion, aches and pains o the Nerves, Bones, Cords and Muscles . For Rheumatism, Sciatica, Lame Back, Joints, and Muscles, Sore Throat, Colds, Str * Sprains, Cuts, Bruises, Colic, Cramps, Ind tion, Toothache, and all Nerve, Bone and M .M. Aches and Pains. The genuine has Noah's on every package. 25c., 5oc. and $r.oo by all ersin medicine everywhere. Sample by mail NOAH REMEDY CO., RICHMONDI,VA.,A B08TONI MASS., 1 Sold and Guaranteed by Gilder & W .m. . FOR SALB. .m. .m. 115 horse power International C m. olie engine almost new. .m 1 12 horse power Steam engine, be- Tozer make on seidds. 1m's 1 Flouring Mill with all fixtures 1 goold brood family mare. 10 yi ive old, in fold from Caughman B md blooded Kentucky horse. Will sell any or all of the al de- pro1perty owi at unheard of pri ith Call anid see mc at Little Mount or-i A. N. Bolan ion - for .20 io WilliamNE Pe l WiIT H. LEWSH 'Oi W lamk Pwihl p. '.24Our cusoin eal Yrdent SOME OF( To be conservative. To pay four per cent To calculate interest To bond every emplc To be progressive an To lend our money t To treat our patrons To be liberal and pr< To secure business fr TO BE THE VERY TO DO BUSIN1 Our institution is under1 81 examined by the State Ban: The Bank Pr ospE i DR. GEO. Y. HUNTE~R, Presiden " J. F.BROWNE, -|Cashier. OPERA HOUSE, EARHARDT & BAXTER, Lessees and Managers. Saturday, Nov. 28. JED CARLTON PRESENTS Beatrice Gordon 'Was She to Blame' stiff A dramatization of BERTHA M. iges- CLAY' S beautiful story "A BITTER ATONEMENT" deal free. A complete Stage Production. "^ks Special Scenery. eeks Competent Cast. If there is any humor in. your as- make-up you will laugh 'till you cry. If your heart has a tender spot the this play will reach it. Seats on Sale at Newberry Hard ars ware Co. ros. Prices 25. 35, 50 and 75 Cents. )ove ces. A. W. JONES, THE PLUMBER, has r ai, i opned Shop .just back of post office. I timates furnished oi application. 1. epair wuivk given prorrt Attend FABLETS-INR EICN CS .,ST.LOUS . Vh.5 I & Son, Newberry.S. C. PAY BILLS THESE DAYS rers know this. count with this eliminate any of using your >u wish. . .. ess will be wel IGE BANK berry, S. C. M. L. SPEARMAN, Cashier. )UR POLICIES: semi-annually. d accommodating. o our customers. courteously. >mpt. -om all classes. BEST BANK FOR YOU BSS WITH. :he supervision of and regularly I Examiner. I Prosperity, rity, S. C. DR. J. S. WHEELER, t.V. President. J. A. COUNTS, Newberru Hardware Compang 0 CD 0m. EWBERRY WODWARE ~OMPANY.