The herald and news. (Newberry S.C.) 1903-1937, January 01, 1909, Page FOUR, Image 4
E. H. AULL, EDITOR.
Entered at the Postoffice at New
berry, S. C., as 2nd class matter.
Friday, January 1, 1909.
IN DEFIANCE OF LAW.
"He may make a good trustee, but
that is not the qnestion. It is a
question of obeying the law. No mai
should be above the law: no man
1olding high offlice should permit him
self to be regarded as an example of
daily defiance of the law."
The above is .qu<\tation from the
Columbia State of Monday on Sena
tor Tillman and the law. It has re
ference to Senator Tillman holding
the office of United States senator
and trustee of Clemson college in the
face of the following provision of the
constitution of South Carolina: "No
person shall hold two offices of honor
or profit at the same time.' We
think the State is correct in this posi
tion and the argument which it pres
ents, and which is published else
where, is unanswerable.
We have taken this position sever
al times and our reference to it at
this time is to call attention of the
State to another provison of our
fundamental law and to ask its opin
ion as to the right of a member of
the general assembly to hold the posi
tion of trustee of C'emson college.
The proyision of the constitution
to which we refer may be found in
article 3, section 24, under the head
Legislative Department and reads as
follows: 'No person shall be ligiblb
to a seat in the General Assembly
while he holds any office or position
of profit or trust under this State,
the United States of America, or any
of them. or under any other power,
except officers in the militia and no
taries public; and if any member
shall accept or exercise any of the
said disqualifying offices or positions
he shall vacate his seat.
This provision applies, as we u
derstand it, in addition to the see
tion,quoted by the State, to members
of the general assembly. We under
stand that there are at least three
mrembers of 'the Clemson board of
trustees, two elected by the legisla
ture and one a life member, who have
recently been elected members of the
general assembly. If, as th'e State
contends, Senator Tillman is violating
the law, are not these members of the
-- general assembly also violating the
law and permitting themselves ''to
be regarded as an example of daily
defiance of the 'law.''
-It is contended by some that life
trustees of Clemson do not come un
der the inhibition of the constitution
~in that they are the representatives
of Mr. Clemson's will and not agents
of the State. Senator Tillman is a
life trustee under, thre Clemson will.
When it was -attempted, however.
sometime ago to bring suit against
the trustees of Clemson college for al
leged damage to private -property by
the building of dykes, the trustees en
te'red the plea that they were State
officers and, therefore, could not be
sued, notwithstanding the fact that
* the life trustees constitute a majority
-of the board, and the chairman is a
life trustee. The case went up to
-our supreme court and the court holds
in the ease of Hopkins vs. Clemson
* that thei trustees are agents of the
State and that Clemson college is a
S tate institution..
The News and Courier has an edi
torial on this subject which we also
'produce, which takes the position
that Clemson college is a private in
stitution, and, therefore, Mr. Tillmani
and other of the trastees who hold
other positions doc not come under
the inhibition of t eonstitution as
to holding two ?offiees., The opinion
of the supren-e te above referred
to is sufficient answer to the posi
tion.
It is not our purpose to argue the
question at this time but we would
be pleased if the State would give
us its opinion in connection with its
editorial on Senator Ti.llman on the
right of members of the 'general as
semnbly to hold these dual positions.
GEN. ROBERT R. HEMPHILL.
In the death of General Robert R.
H{emnphill, of the A bbeville Medium.
the State of South Carolina as well
as tl$e newspaper profession loses a
patriotic citizen and a faithful work
'er and an honest man.
We have known General Hemphill
for more than twenty-five years,
more or less intimately. and during
aill thiat time we found him ever the
t rue t"ien1d. flodest and una iim!iif..
ahd vet a? f'irmf euI1vetions with tlle
W li.~' 'N' M Zl! re .XlLd.ifl - UQV
The first year afte we left collee
our lot v:as cast in Abbeville and lie
wac then th-e editor of f.he Meim.
editorial rom nin it lie legisla 1re. r
the seinatc. as clerk of the senate. awl
ou press association zatherings and
exeursions and we always found him
the ever gentle. courteous, genial gen
tieman, modest and unassuming, the
friend of every one.
On all his trips to the press mieet
ings Ie took one or more of his ehi!
dren of whom he was always proud.
Ile -rs a Confederate soldier mid
probly knew !mre (Irref history
of th war than any ot]ler man inl
the State.
We shall miss him in Columbia
when the legislature meets and e:.i c
Cialy at the anniu1al zatherinos 4 the
editors.
To his family we extend our tender.
est sympathy.
TRIP TO ANDERSON.
The Herald and New, has been en
deavoring in season and out of season
to cooperate with and aid the ladies
in their work in connection with the
Civic asociation to beautify and keep
neat and clean the city of Newberry.
It occurred to us some time ago if
iwe could get a delegation from the
association to visit Anderson that it
might result .in giving our ladies who
are a:ctive in this work more enthus
iasm and new inspiration, so to
speak, as well as some points that
would be of benefit to them in their
work here.
Mrs. Fant, as president of the Civic
association at Anderson, has accom
plished a great deal in civic improve
ment in that city, and what was once
a wagon yard and in rainy weather a
mud hole, otherwise known as a pub
lie square, in Andersan, is now a
beautiful park and wagons and teams
have no place in it, except to pass
through the streets.
With this idea in view, we invited
the president of our association aA,d
three otrer ladies including the first
president, Mrs. R. D. Wright, to go
on a trip to Andersdn as the guests of
The Herald and News. We also ask
ed the president of our chamber of
commerce to send a representative,
which he did. The president of the
Newberry association was unable to
go. but rs. R. D. Wright, Mrs. S.
B. Aull, Mrs. E. M. Evans, and Mrs.
E. H. Aull, from the Civic associa-1
tion, and Mrn John B. Mayes and Mr.
E. M. Evans, from the chamber of1
commeree, did go, the trip being made
on Wednesday.
Unfortunately, it was a very rainy 1
day i'n Anderson, and the committee]
could niot see the city as well as if the <
weather had been clear. However,
Mrs. Fant, prsident of the Civic as
sociation, of Anderson, Mrs. Breaz
eale, and Mayor Sherard met our <
party and were exceedingly kind in a
giving information as to the work in
Anderson. A delightful luneh was
served at the Chicora hotel, and then<
the party was taken around the city i
on the cars, the automobile trip being i
impossible on account of the rain.
The Herald and News desires to ~
acknowledge the exceeding kindness
and courtesy of the Anderson people ~
to the delegation from Newberry, and
we trust that the trip will result in
more active work .in. arougng this
ommunity to the need of civic im
provement.
Mrs. Wright has promised to give
The Herald and News and through it
the people of Newberry impressions
of the visit of the committee and
suggestions as to the work here.
We desire to say that the work of
civic improvement,.is one of great im
portance to any community, and is
gaining very rapidly in all towns and
cities espicially. Those who engage
in it, however, and especially those
who undertake the leadership must
make up their minds to do a great
deal of work and to do it under great
discouragement and in some instances
open opposition.
We say -this not to discourage the
offiers of oi4r association, but to
give them courage to go ahead with
their work without much encourage
ment until it is well under way'. Af
ter the work is once organized and
something is done there will be num
bers of friends to assist.
There is a great deal to be done in
Newberry and we hope that the la
dies in charge of our association will
remember that the one way to sue
eed is to keep everlastingly at it.
We would like to know what has
become with the comittee from the
chamber of commerce on widening
of our streets. We understand that
practically all of the property own
ers in Friend street from Caldwell to
Calhoun aigree to give about five feet
and the city council has nev'er taken
adr Vatae of this o11er.
Tphe co4mmittece wvhi wa quiite
aeire IV anid en] tusiast ic SOmeit mPon ii5
ago njeeds to be awakened. No build
ings have yet been erected since the
fire that will interfere with the wid
ningo. f this .street, but some of the'
;]Iafdce 1 1 re-4 a d I I I t1-4 s 5t re(I is it
widened it s1hoild be doi, beftore t
I rees a re pla n t ed and111 before an
buildings are erected. Now is ti
time to do it.
This can be made a very beautifi
residence street and it is about ti
Mly one near the business centre thii
is availalble, and it ought to be wie
enled before ainy buildings are put li
THE STREET PAVING.
The st recet pavin<"_,- wich Was 111
dertaken bY the city council is abor
comjpleted ainid the pity is that nm
of this work could not be done Vhil
thre gentlemen in (harge of it are her
with machinery and their force ml
ganized.
It is hoped. however, that our pea
ple will see the great advantage o
this work by that which has been pu
down and that by the spring time th
city will decide to issue at least $50,
000 of bonds for the purpose of es
bending the paving of our streets. W
do not see how,.any one can offer an;
>bjection to having more of this worl
done.
Newberry must keep pace with ti)
other cities in the State of its clasz
ind in order to do so we must not on
[y endeavor to have the city beautifu
but we must have all streets and sid
walks paved.
The city must not wait until it ha
the money to do this work, because i
it does it will never be done.
A styp to-dyn.
Has cured itch magically'for other
n Newberry and will cure for you
or sale at
Mayes' Drug Store.
aPROWS HAIR ON BALD HEADS
Bald Headed People May Get a; NeV
Chance in Life.
In these days when youth is thi
noving factor in- business: when
nan makes his mark at thirty fivi
ind is ready to retire at forty five
,vhen business houses pension thi
nan we call "'middle aged" rathei
,han allow his lagging influence t(
ntrude upon the commercial rash, i
)ald head is almost, fatal to any
nan's hopes. The following mus1
herefore prove interesting to peopli
ho are losing their hair or who ar4
ald.
Resorcin is one of -the latest anc
ost effective germ killers discoverei
y science, and in connection witi
eta Napthol, which is both germici
lal and antiseptic, a combination is
~ormed which destroys the germs
rhich rob the hair of its nutriment
nd also creates a clean and healthy
~ondition of the scalp, which pre
ents the development of new germs
Pilocarpin is a well known agoni
or ,restoring the hair to its natural
olor, where the loss of color has bee&
lue to a disease of the scalp. Yet, i1
not a coloring matter or dye.
This combination of curativ .s mix
d with alcohol as a stimulant per
ets the most effective remedy fo3
iair and scalp troubles.
The famous Rexall ''93'' Haji
onic is chiefly composed of Resor
in, Beta Napthol and Pilocarpin. Il
akes the sealp healthy, nourishes
he hair, stimulates thre follicles
There the. head is already bare, il
aters the follieles, revitalizes th4
WE STOP
'PHO]
Jones &
'CONTRA(
PLUMBING, TINNI
STEAM and NOT
REPAIR WORI
UNDER CRO
118A College St
e :nuites~ a ne w gzrin~tI.
SWe walit .V1u to trV a 1ev o l(.ti J 0.
y Rexall "93'.' Hair Tuniv, on our per
e sunal gnarantee that the trial will noi
cost you a penny if it does not giv(
A you absolute satisfaction. That'
e proof of our faith in this remedy ane
it should indiVutably demonstratt
that we know what we are talkin
about when we say that Rexall ",93'
;i- Toc \ie will :rrow hair on ball
h!eals. excePt ot 01l, Wliere bald.
- tr.'s Ilas heen of sll lOn' (ratior
till th e ro Its of ;li Il1i lil ar ellitre
e yI dead. the fqllieles closed anC
("row o'Ver. 'a ti Scalp is glazed
e Remember. wt' are basing oin
statements upon what has alreadN
been aecomplished by the use ' Rex
- all "93'' Hair Twnie. and we lvE
the rit to assume that whaot i+ ht,
t done to hundreds of others it will dc
e for you. In any event you cannol
- lose anything by giving it a trial oi
- our liberal guarantee. Two sizes, 5(
cents and $1.00. Gilder and Week
Drii.gists. NewberrY, S. C.
NOTICE.
The regular annual meeting of thE
stockholders of the People's Nation
al Bank, of Prosperity, will be held
I in the banking house on Tuesday,
a January 12th, at 2.30 p. m., for the
election of a board of directors, and
the transaction of such other business
'as the stockholders may see proper or
that may be brought before them.
R. T. Pugh,
Cashier.
PROCLAMATION.
STATE OF SOUTH CAROLINA,
EXECUTIVE CHAMBER.
WHEREAS information has been
.received at this department that or
the 20th day of December. A. D. 1908,
one tenant house on the plantation of
Mr. Fred. H. Dominick. near Po.
maria. S. C., in the county of New
berry. was burned, and there being
reason to believe that the burning was
an act of incendiarism,
NOW, THEREFORE, I, M. F. An
sel, Governor of the State of Soutb
Carolina, in order that justice may be
done and the majesty of the law vin
dicated, do hereby offer a reward,of
fifty dollars for the apprehension
and conviction of the person or per
sons who committed said act of incen
diarism.
IN TESTIMONY WHEREOF, I
'have hereunto set my hand and
caused the Great Seal of the
State to -be affixed, at Colum
(Seal) bia,this 22nd day of December,
A. D. 1908, and in the 133rd
year of the Independence of
the United States of America.
M. F. Ansel.'
By the Governor:
R. M. MeCown,
Seeretary of State.
I will pay an equal amount for the
arrest and eenviction of the guilty
party or parties.
Fred. H. Dominick.
IAttention Pensioners.
I will be in the auditor's office each
-Saturday in January, 1909, to pre
pare applications for pensions. Those
on the roll do not have to apply again.
Call promptly and get your blanks.
W. G. Peterson,
Pension Commissioner.
Nebry S. C., Dee.'18, 1908.
THE LEAKS
E 271
Gleason
3TORS FOR
NO and GUTTERING
IWATER HEATING
SA SPEGIALTY
[WELL HOTEL
NEWBERRY. S. C.
BLANK,
START THE
WITH A E
Blankj
I HAVE A FUI
LEDGERS,
DAY BOOKS,
RECORD
RECEIPT
MEMORAI
TRIAL BALA
Examine my stoc
You will find my pi
you can order them
keep your money in
mag. yes. Bi
WI
SI
SPEfIAL
ON AND 4
Januai
L. M. Play
*ILLt BE HEAl
I -:- FOE
FISH and C
--:- AL S
F RE SH li
Orders Take n. 4
We have bought out th~
Fish business and will b
Oysters in season.~ Wi
'Phone orders. No 261
L. M. PLAM
BOOKS
NEW YEAR
W SET OF
Books'
LL LINE OF
JOURNALS,
CASH BOOKS,
BOOKS,
BOOKS,
4DUMS,
TCE BOOKS.
k before buying.
ices as cheap as
and besides you
your home town.
)ok Store
IEN YOU ORDER CEMENT
Don't forget that SUMMER
BROTHERS00O. carry a fl
stock of Atlas Portland Ce
ment. This Hydraulic Ce
ment is of remarkably fine
quality, and is particularly
esteemed by builders every
where.
See them before you buy,
you won't regret it.
JMMER BROTHER8 CO.
AFTER
ryi1st
er& Co.
JQUARTERS
~YSTERS,
0 -:
/ E AT S.
luick Delivery.
e late Jas. F. Todd's
:eep Fresh Fish and
! be pleased to fill
( ER & CO.