The herald and news. (Newberry S.C.) 1903-1937, February 02, 1909, Image 1
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.