The herald and news. (Newberry S.C.) 1903-1937, January 01, 1909, Page FOUR, Image 4

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

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.