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rat VOL X LVI NO 10 NEWBEBRY S. 0.. TUESDAY. FEBRUARY 2.1909. TIEAWE.$.0AYA V*1 t s a It was built by his fatLer John Riser, mo this house during, a century, ibhou MJan Riser an DRADLOCK STILL ON. vis ger After Ten Ballots Legislature Fails poq to Elect Associate Justice-Lien tle Law Repeal Passes House. an( Columbia, Feb. 1.-Bbth branches the of the legislature took recess until Th Tuesday. Half of the ordinary ses- tha sion has gone. the The deadlock in the election of an the associate justice has not been broken. The Herald and News printed on ser, Friday the ballots taken on Thurs-, lin day. Another session -was held on a Thurisday nigh;t w.hen three ballots pu: were taken. They resulted as follows a being the 7t1h, 8th and 9th ballots: iyi Seventh-Cothran 40; Hydriek 38; Sheppard 37; Watts 24; Gage 18. qu Eighth-Cothran 40; Hydrick 40; vai Sheppard 36; Wartts 23; Gage 20. .wi] Ninth-Sheppard 39; Hydrick 38; thc Coth.ran 37: Watts 24; Gage 1.8. 1vai The joint assembly adjourned until ipie Friday when another ballot was taken I Smaking the tenth ballot as follows: e Tentbh-Sheppard 40; Cothlran 38; the Hydrick 37; Watts 29; Gage 18. e After this ballot ,the joint assembly cor Sadjourned to meet again Tuesday isf night to proceed with the balloting. an4 There being three of the candidates the running so close together the dead lock may continue for some time un -less some one no,t yet named should ge't into the running. Pl~ The time for the other elections has not yet been fixed though the senate eommittee on elections has reported the following vacancies to be filled:! Circuit judges w-hose terms expire: tor D. E. Hydriek, seventh circuit; R. W- th Memminger, ninth circuit; Geo. E. in1 Prince, tenith circuit; Ernest Gary, fifty circuit. Penitentiary directors to 5ucceedU A.o K. Sanders, Jno.~ G. Mobley, Jasper p M. Smith. They are all candidates ti succeed themselves. B. F. Th;omas an- re: other direetor recently resigned. T his ani makes four places to be filled. Til A vacaney on the colored college jma board, caused by the resignat1ion of ful Arthur Kibler.ca L. A. Sease a member of the ('lem- res son board has resigned. Til The members of the Clemson board o do not get commissions and it is dif- Iche fieult to find when itheir tei ns ex- Ino: pire. At the last session tbhree mem- faa bers of this board were elected to suc ceed Robt. Aldrich. resigned and G. D. sai Bellinger and Mr. Hardin of Chester. cor The resolution did not specifyv whose the successors were to be elected. Messrs. he Juo. 0. Richards and C. D. Mann and Mr Hardin were elected. None of them T have been commissioned and the see-:a retary of state's books do not show f a t:bat Mr. C. D. Manni and Mr. .J. G. Richards are memnbers of the board at all. Possibly .they do not get commis- f so n toaoi ihn'cnstitutional pro- jthz 44 gg V BY JAMES A. RTSER NEAR e than a hundred years ago. T2 gh it has been accupied all during [his wife and an infant of James on which says no member of the teral assembly shall hold any otheN ition. The difficulty will be to set which one succeeds Mr. Aldriei I which Mr. Bellinger. he house passed .the bill repealin lien law by a vote -of 83 to 35. majority this year is a little more i last year. It is not known what senate will do thorgh it is certain vote will be close. bill will be passel to buy a silver ice for the battleship South Caro . The hose has passed bill providng $6,00 for this ose and the senate haz bil with a favorable report car 1g $5,000 for the service. thing has been done on the liquor ;tion as yet but t'he opinion pre ls among a great mnany that there I e no State wide law enacted gh the referendum idea may pre. and the matter settled by the peo r. Kibler has introduced a bill to ige :t.he time of holding courts in 8th cirenit. The change was ask y the N 3wberry bar. The otFher ities in the circuit seem to be sat d with the present arrangement it is probable they will oppose change. LMAN MAY OUST CRUM. s Filibuster to Prevent Confir ation of Negro Collector of Charleston Port. Tashington, January 29.--If Sena Tillman so manipulate matter5 : he can get the floor of the senate xecutive session and hold it until close of the present session of ress, lie may defeat the nomnina of WV. D. Cr-um as collector of the o f ('harleston. avor Rhett anid T. R. Warin.2 C-hed WXashington this miorning,. 1immnediately called on Senator mn about this matter. They re ned wit'h -him some time and care ly went over many features of the . They camne Co W\ashington in onse to a 'telegram that Senator man sent Mr. Rhett yesterday up earninr that the :en ite committee ired with the duty of handling the ination had decided to make a >rable report on itt. fter seing the Senator. Mr. Rhett that he and Mr. Waring had e to Wzw.ington upon receiving telegram referred to because they ere-d they could accompli.Th more way :han by correspondene,e e returned home this afternoon, will :t once prepare certain data Senator Tillman. which the lat wi! P n hi~ s fieb t :ug.inst Crium. Sth' opini m of th!ose who are !-r with the~ facts in the case L- if ..+m-o Tilman is able to hold ;" PCAMARIA, S. C. re have been only three deaths in that -time. The deaths were A. Riser. the nomination in check until the present session of congress ends, Judge Taft may not reappoint Crum, but he will have a Herculean task in doing so. He must have aid for any "fillibuster'' that he might inaugu rate in order to get the floor of the enate in exeeutive session and hold it r::t:! March 4. Just who would be relied upon in the event that this method of proce dare were adopted i: not now known, though it is probable that practically all of the Democrats in the senate would render more or less help in the matter. At the same time Senator Tillman would have to oppose the strong Republican majority of the senate, and it night not be possible, af.ter all, to achieve the desired re sult. It is understood that Senator Fr.ye, of Maine, is one of these who are insistent upon p:shing the nomi nation, aided by other Republicans of influence. As soon as Mayor Rhett reaches home he will supply Senator Tillmnan with the material that 'he hatter prop.oses to use in blocking the MRS. BLAIR ACQUITTBD. Jury Returned Verdict of Not Guilty at Midnight Friday Night. Columbia, Jan. 30.-At midnight tngtthe jury in the ease of Mrs. Ethel W. Blair. on trial charged with murdering her husband, returnied a verdict of acquittal, ti'a bringing to an end one of the most sensat.ional cases in t.he history of the State. At the former trial Mrs. Blair was found guilty of manslaughter. and recom mended to the mercy of the court. On January 16, 1907. Conductor C'ull-y W. Blair, running on the train f'rmn (Co lamobia to Laurens, was shot in his home. dying a few hopirs liater. The efenantis a veryV handsome wom:m, and this favt. e:)mbine(d with the tragie settin of th ecase, render e.1 i! a very interest in~g one. Wilt th1ou take her for~ thy "'pard'' for better or worse; to have, to hold, to fondly guard, till hauled off in thie hearse'? Wilt thou let her have her wayv, consult her many wishes. make the fires up every day, and help her with the dishes? Wilt thou give her all the ''stuff'' her little purse will pack, buy her a monkey, boat and muff, a little seal skin sac que? Wilt thon comfort and sup po)rt her fa'ther, mother, Aunt Jemi me;. Uncle JThin. 13~ sisters and a brother? Anmd j:is face grew p>ale und blank, it was too late to jilt; as C.p i I ehel fh!aa:~ he sank he sadly said "I wilt.''-Anderson rOR GOOD ROADS. Bill Prepared Submitting to Newber ry County Question of Issue of Bonds. At the adjourned meeting held in t-he chamber of commerce rooms on Friday night to consider the proposed referendum to the people of the coun ty of the question of bonds to the amount of $300,000 for buildirg per manent roads throughout the county, the report of the committee appointed to draft a bill was submitted by Mr. E. H. Aull. for the committee. With a few changes the bill as drafted by the committee was adopted, and the committee was directed to submit it to Newberry's delegation in the gen eral assembly with the request that it be passed by the legislature at .this session. The committee met yesterday with the senator from Newberry and -Rep resentatives Wyche and Kibler, and furnished each of these gentlemen co pies of the bill, and the bill will be introduced this week. RepresentAtive Harmon could not be reached yester day, but 'he will be mailed a copy of the bill. The bill is purely a local measure and the delegation should have no trouble in getting it passed by the leg islature. It provides for an election this summer. Following is the full text of the bill: An Act to authorize the county of Newberry to issue bonds for per manent road improvement: Sec. 1. Be it enacted by the general assembly of the State of South Car olina, that the question of the issuing and sale of coupon b<nds to the amount of $300,000 by the county of Newberry for permanent road im provement shall be submitted to the qualified electors of said county at an election to be held for that pur pose on the 31st day of August, 1909, at which election only the qualified electors of said county shall be al lowed to vote. Said election to be coducted in the same manner as general elections. For the purpose of this election there shall be prepar ed for the use of the voters .two sets of ballots on one of which shall be printed or written the words "For the issuing of bonds," and on the other "Against the issuing of bonds.." If a mrajority of the elec tors voting at said election shall vote in favor of the issuing of eoupon bonds in the amount above specified then said bonds shall be issued and sold as hereinafter provided. See. 2. That Jno. M. Kin--d, Jacob S. Wheeler. J. E. Norwood, Geo. B. Cromer, Z. F. Wright, Jos. L. Keitt, Geo. W. -Summer, Jno. M. Suber, Jeo B. Derrick, I. M. Smith are hereby constituted a board of com missi>ners to be known as t-he per manent road commission for Newber ry county for the purpose of carrying out the provisions of this act. Said commissio.n shall have the right to contract and be contracted with, sue and be sued, plead and be impleaded in all courts in reference .to the mat ters embraced within the provisions of this act. In case of a vacancy on said commission by death, resignation or otherwise the remaining members shall fill such vacaney by appoint ment. Said commiesioners to hold of fire .until t.he provisions of this act a-e emupletelv earried out. The said (!.fmi':ionerS shall1 meet as soon af ;e: >.' ele:-tion herein before provid :d as practicable in case said election Thall be in favor of the issuing of hand and organize by electing one oft their members as efairman and trasurer. and also by the election of a clerk who shall be bookkeeper for tle commission. Said clerk shall receive as compensation for his ser viees such sum as may be fixed by the commission not to exceed $300 an nualy, nayahle from the funds here in provided for. T.he compensation of the members of the said commis sion shall be $3.00 per day for not ex eeding 25 days in any one year, and mileage at 5 cents per mile for each mile actually traveled by the neare4t route in attending meetings of the commission, payable from the funds ->rdedin this act: Providr'd that th chairman and treasurer shall re eive in addition to the per dic'n al lowed the members a solare not to pepeed .$000 per annum. pay-able from he fudsprvie in this act. The ,,-ommissioners shall give a joint bond t in some surety company in the sum b of $50,000 which bond shall be ap- al proved by the judge of tha eighth judi- c -eal circuit. The clerk shall give % bond in some surety compahy in the p sum of two thousand dollars condi- d tioned for the faithful performance ti of his duty, to be approved by the e commission. The premiums on the ei bonds of the commissioners and clerk n: shall be paid from t.he funds derived f from the special tax levy herein nam- 1< ed. p See. 3. In case said election results p in favor of issuing bonds as aforesaid t] then the commission provided for in e: See. 2 of this Act shall offer said p bonds for sale in blocks of $50,000, d as the same may be needed, to the h highest responsible bidder, reserving g the right to reject any or all bids; n said bonds to be in such denomina- 14, tions as said oemmission may deter- s mine, to bear interest at a rate of not h exceeding four and one-half per cent. per annum, payable semi-annually, on o the first day o.f January and the first a day of July of eac.a year, and matur- t ing one-half in thirty years and one- f half in forty years from the date of t issue. Said bonds to be signed by e the chairman and treasurer of the t" said commission and countersigned by 11 the clerk, provided that the signa- I tures of such officers may be litho- t graphed or engraved upon the cou- f pons of said bonds. Said bonds are v to be made payable at such places as the commission shall determine. The p proceeds from the sale of said bonds v shall be deposited in one or more of f the chartered banks of the county of I Newberry, - and held subject to the t warrant of the commission named in c this Act, said warrant to be signed by s the chairmai and treasurer and a: r least five of t.he other members of I the commission and countersigned by 2 the clerk and to be drawn as needed to pay for the permanent work upon c the public roads of the county of r Newberry, as the said work is done N and .approved by the engineer .herein- 1 after provided for. The said fund to receive interest at a rate of not less e than four per cent. per annum from s the banks for the average time it is s on deposit. See. 4. The said commission here in provided for is hereby authorized s to levv an annual tax of two mills on I the dollar on all the taxable property I in the county of Newberry to be as- a sessed by the county. auditor of New berry county and collected by the I county treasurer las other ,taxes are I now levied and collected, which said b tax shall be paid to the said reommis- 1 sion upon warrant drawn upon the ' county treasuirer and signed by the t ehairman and treasurer and at least five of t;he other members X and by the clerk. Said funds are to be a kept deposited in one or more of the banks of the country of Newberry at interest not less than four per cent. T per annum when not otherwise invest- ~ ed as hereinafter provided. Sec. 5. From the proceeds of the ~ tax levy above provided for said C commission shall pay the interest due on said bonds. and the balance shall constitute in the hands of said com. mission a sinking fund for the pur pose of retiring saidi bonds at matur itv. The said commission shall have 'te right to invest any or all of psaid sinking fund in real estate security in the said county of Newberry on C such terms as they may deem advis- l able, interest payable annually No ~ loan to be made in excess of fifty per s cet. of the value of saidI real estate, t nid valuation to be fixed by the com Sea'. (i. Said commission is hereby ' auhorixed, empowered. and directed,' r upon the sale of the bonds herein pro vided for, to use the proceeds of said sale in macadamizing or otherwise n permanently building the public roads 1 of Newberry county, provided, that q before any of said money is expend- v ed upon t-he permanent improvement t< of -any road or part thereof such Ia road shall be surveyed, located and otherwise laid out and prepared for' neranenit improvement as hereinaf ter provided. For the purposes of 'ei Act any highway laid out or de sinated by 'the said commission shall' o be deemed a nublic road. I See. 7. Said commission shall em-' nlov an engineer who shall also be T kiled in permanent road con-4rue tion at such salary as may be fixedJ by csa cmmssion, payable m.mthly af !om the proceeds of the sale ot the onds herein provided for, and such ;sistant engineers with like qualifi ttions, as they may deem necessary, -hose salaries shall be fixed . and aid in like manner. It shall be the ity of the engineer, under the diree on of the commission, to survey, 10 tte and relocate where necessary ev -y section of road before any per anent work shall be done thereon, irnishing complete maps, showing >eation, grade, together with com lete plans and specifications for the ermanent construction of said see on; Provided; that no grade shall ceed ten .per cent. For the pur oses of relocating any road when eemed necessary tie commission is ereby empowered to acquire by rant, purehase or condemnation all ecessary lands; Provided, that where Lnds are condemned the damages iall be fixed as now provided by tw in like eases. See. 8. Said commission shall, up n the completion of .the survey, plans ad specifications for the construe on of any section of road. advertise )r bids for the building of said see Lon, according to said plans and spe ifications, and shall let the same to ie lowest responsible bidder, reserv ig the right to reject any or all bids; 'rovided, that nothing herein con iined shall prohibit said commission rom building any section of coad rith day laborers or convict labor. See. 9. Said commission shall ex end in each township an amount 7hich shall be not less than seventy ive per cent. of such a sum as shall ear the same ratio to $300,000, the tal bond issue, as the 'taxable value f the property of said township hall bear to the taxable pro erty in the cou-nty; Provided, that in lo. one township a less proportionate mount may be expended. Sec. 10.. Said commission. shall ause the work of permanent improve aent ;to be begun in at least three videly separated sections of the ounty at or near the same time. See. 11. No road that is perman ntly impr-;ed by said commission hall be less than fourteen feet wide, nd not less than seven feet of which hl!i be of permanent construction. See. 12. No road or section of road hall be paid -for in full by said com aission until the same shall have been assed upon by the engineer in charge nd accepted by the commission. Sec. 13. Before any warrant or arrants can be drawn against the und arising from the sale of said onds or derived from the speci-alI ?vv herein prov'ided for an itemized. erified statement shall be presented and approved by the commission. Sec. 14. The tax levy herein pro ided shall be levied and collected an nually until the maturity of said onds or until a sufficient fund has een raised to retire said bonds at iaturity and to pay all annual inter st due or to become due thereon-, id ,the county treasurer shall be lia le on his official bond for, the taxes ollected under the provisions of this Sec. 15. Said commission is hereby eqired to publish in the county pa er of Newberry county an itemized erified annual statement of the re eipts and disbursements under this Ct and summary of the work done. e. 16. Said commission shall arry forward the permanent work ereii provided for as expeditiously4 s possible and in selecting the arting points and in otherwise de rmining the roads to be built shall 1ake such selections as in their udgment shall conserve the best in erests of the greatest number of the ople of this county. Motiello Farmers' .union will teet on Saturday evening, February 3, at 2 p. m. All members are re uested to be present, as it will be ery important for each one to at and. Hoping to have a full attend nec at time stated, Horace Sheely, Secretary. Supreme Court Decision. Columbia, Jan. 30.-The following pinion has been rendered by the tate supreme court: Annie P. Oxner, respondent, vs. estern Union Telegraph company, nellat. Reversed. Opinion by Ira B. ones. A. J. Chief Justice Y. J. Pope lC senting on)inlin.