The herald and news. (Newberry S.C.) 1903-1937, April 16, 1909, Page FIVE, Image 5
THE DEPOT AT SLIGHS.
Supreme Court Sustains Decision of
The Railroad Commission.
Columbia. April 13.-The Colum
bia. Newberry and Laurens Railroad,
In demurring to the petition of the
railroad comlinission of South Caro
lina in a writ of mandamus to compel
the road to erect additional tracks
at Slighs, characterized the statute
under which the commission acts as
"null and void and of no effect,':
upon the. grounds t'hat the statute is
unconstitutional, and in violation of
the Constitution in that "it attempts
to take the whole and entire manage
men of the railroads of this State
out of th hands of their owners and
place it in the hands of the rail-road
commission," but the Supreme Court
in an opinion handed down to-day by
C. A. Woods, A. J., overruled the de
murrer and ordered that the defend
ant have twenty days from the filing
of the decree to answer the petition.
Ill the meantime the improvements
at Slighs have been made, in fact,
as stated by members of the commis
sion this morning, more than was
asked by the commission. This case
is an especially interesting one
touching an apparent conflict be
tween the Constitution and the stat
ute which created the railroad com
massion.
The facts in the ease are: The
railroad commissioners by their peti
tion ask the Supreme Court to en
force a mandamus, an order issued
by them as railroad commissioners
requiring that the Columbia Newberry
and Laurens Railroad Company
should provide addlitional sidetrack
at Slighs and build a better depot at
this point. A full rehearing was
granted in the matter and the com
mission decided that the order should
remain in force. The railroad com
pany demurred to the petition on the
grounds:
"That the said statute creating the
commission violates and is repugnant
to the 14th amendment of the Consti
tution of the United States, Section
1,~Article 1, Section 5 of the Consti
tution of the State of South Caro
lina, in that it deprives your respon
dent of its liberty and property with
out due process of law, in that the
statnite makes no provisions for no
tice to the railroads of the hearing
before the railroad commissioners,
from whieh the said orders of the
commissioners are to result, and in
sno way require. that an opportunity
to be heard be given the railroads be
fore or after the passage of said or
ders.
"That the said statute violates and
is repugnant to the aforesaid sec
tions of the Constitution of the Unit
ed States and of this State, in that
they attempt to take the whole and
entire management of the railroads
of this State from the hands of their
owners and putting it in the hands
of the board of .railroad commission
ers, thus placing upon your respond
rent and other railroads of this State
burdens beyond the duties they owe
the public and depriving your re
spondent of its liberty and property
without due process of law.''
The Supreme Court, after explain
ing all the statutes and constitutional
sections tonehing this matter, says
that the railroad commissioners are
under two laws, namely: Tihe statute
laws of the State, which confers upon
them certain powers over railroads,
and the constitutional law of the
State and the United States, whieh
.requuires that they shall exercise the
power, conferred by statute only by
due process of law that .is after giving
the railroad company due notice and
opportunity to be 'heard. "A statute
is invalid which requires something
to be done which is forbidden by the
Constitution, but it cannot be essen
tial, to the validity of a statute that
it shall enjoin obedience to the Con
stitution."
*The Supreme Court 's opinion de
cides:
"'The gre at weight of authority is
to the effect that, while notice of a
special burden or duty, which a board
su ch as this purposes to impose, must
beextended an opportunity to be
heard <ni the rightfulness of the exe
t-tioni must be given, it is not neces
sary for the statute under which the
board acts to egpressly -provide no
tice.
"The second grant of the demur
rer has no' foundation. No attempt
is made by t'he statute to take the
management of the railroad property
of the State away from the owners
Not Much.
''Don't you.'' queried the youth
"'ihink a little of me?''
"Yes, indeed. Mr. Sapleigh,
Very little.'' said she.
-Illustrated Bits.
Can social wine-drinking-a snare
to many-be practiced in the name of
NATIONAL HOLOCAUST.
Our Fires Cost Millions Mc-:e Than
Germany's Army.
We hear much in i e; >ceful
country. says a writer i. &>rvbody's
about Ge::art's burden f militar
ism. Well, our national bonire would
pay for the Kaiser's wx!e army
miainteiianee adii leave a surnlis an
inally of .$20.000.000 for j tire:etks
fund wherewith t() appea-e wie pyn)
:una1e appetite. If Germany is ap
peased by w-ars 'and rumors of wars,
'how much more sorely is the United
States oppressed by fire and the evils
that attend it! And the worst of it
is that his loss, in great part, is
needless and superfluous; incredibly
and idiotically stupid and short
sighted.
Europe proves so much. No nation
there but would be appalled at such
a fire bill as ours. If the forty-nine
principal cities of Europe there is
less than one fire annually (86, to be
exact) to every thousand inhabitants.
In this eountry we maintain a gener
al average of four and a half fires
per thousand persons. The per capita
loss by flames in Italy is 12 cents
yearly; in Germany, 49 cents; in
thirty of the largest European cities,
61 cents, and in. 252 American cities
the per capita destruction averages
$3.10. Boston, in may respects the
most scientifically administered and
municipally progressive city in this
country, has a yearly bill of a million
a-ud a half dollars from loss by burn
ing. The European city of equal size
gets along with one-tenth of that sac
rifice. Our debit side of the fire led
ger sums losses of any other six civ
ilized nations in the world. Nothing
this side of the sun equals us for
combustion.
Wise William.
When Justice Buffum opened court
in a small town in southern Georgia,
one morning last week, he called loud
ly, "Jones against Johnson."
A dignified gentleman. came to the
bar and said: "I am Dr. Jones, your
honor, the complaining witness. My
chickens were stolen and found in the
possession of-"
"One moment, docto!r," the judge
interruptied. "We must have the de
fendant at the bar. Jones against
Johnson! Jones against Johnson! Is
the defendant presenit? is Wia
ohinson in; court?"'
A tall and shambling negro shuf
fled to the bar, ducked his ]iead, pull
ed his woolly forelock in token of re
spect, and grinned a propitia t: y grin.
"Ah 's Willyum . Johns 'n, please
suh, jedge,'' he said. "Ah doan'
know nuffin' 'bout no 'fendant, suh.
Ah'm jes' de man wot took de
chick 'ns."
''Don't talk like t-hai,'' the court
warned William. "You ought to thave
a lawyer to speak for you. Where's
your~la~wyer?"
"Ah ain' got no lawyer, jedge-"
"Very well, then,'' said his honor.
'I'll assign a lawyer to defend you."
"O~h, no, suh; no, suh! Ple-e
ease don' do dat!'' William begged.
"Why not?'' asked the judge. "It
won'-t cost you anything. Why don't
you want a lawyer?"
"Well, eh '11 tell you', suh," said
William, waving his tattered old hat
confidentially. "Hit's jes' dis-a-way
-ah wan' tuh enjoy dem chick 'n
mase 'f. "-Harper's Weekly.
Congressman Lever's Good Work.
To the Editor of The Sunday
News: I am writing to emphasize the
fact that the farmers of the whol.e
country, and South Carolina in par
ticular, owe to. Congressman Lever
for his efforts in having potash salts
put on t'he free list a debt of grati
tude which they should endeavor to
pay by every means in their power;
not only by personal expressions of
their appreciation, but by giving him
continued support when he asks for
it. Putting potash on the free list
will save to this State alone not less
than .$250,000 to .$300,000 per year, or
$3,000,000 in ten years, and this enor
mous saving to th e farmers has been
secured by the splendid efforts of Mr.
Lever almost aloie. I cast no reflee
tions on our other Congressmen; no
dloubt they helped him much but Mr.
Lever's winning p)er.sonalities and his
evidient high purposes win for h]im
especially an earnest consideration
from "the pow~ers that be."
E. N. Chisolm.
Rowesville, S. C., April 9, 1909.
.Sisterly Shot.
Mrs. Hoyle-My husband always
smokes after a good meal.
Mrs. Doyle--Doesnt he ever smoke
at home --Home Reading.
0 thou invisible spirit of Wine,
If we can call thee by no other
name,
Let us call thee Devil.
ALIEN CRIMINALS.
Many of Them Manage to Land on
Amencan Soil.
On every vessel sailiin from Paler
mO Or Naples are a dozen (, miore
members, of the Camorra or the Mafia,
employed as sailors, coal heavers and
stewards. says Everybody's Maga
zine. It is their fraternal duty to aid
their bretheren to evade the passport
law. If there are six or more mem
bers of a ship'.s company earnestly
desirous of concealing a stowaway,!
the think can always be done. There
are recorded instances ...here a stow
away has been hunted for three
hours by twenty men. after all the
officers and crew have been sent a
shore, and hns remained undiscover
ed in a mattress in a bunk.
When the steamship has tied up at
her birth in an American port. the
fuitive puts on the uniform of over
alls of one of his confederates and
easily makes-his way off the pier. And
thus, a seasoned and hardened crimi
ual, his blood-stained hands against
all the world as the world's hands
are against him, he is turned loose in
the land of the free and the home of
the brave. Every steamship map
concerned in the Mediterranean trade
knows something about the system:
one of them has admitted these facts
It is the theory of the professional
oliceman of America that the ItaliaP
criminal comes to us through France
and -Canada. That is nonsense; hr
has neither th.e intelligence nor th.?
means.
'The ex-conviet has the New York
address of one or more former mem
rers of his society in Italy. h e
mares his way to this address as
qickly as he may. He is without
work and in a strange country. It
honest work for him at once. But
usually it is not so. He becomes,
more likely, a willing and useful tool
of the Black Hand, a dependent on
the generosity of more thoroughly ae
climated criminals. The stealthy de
livery of blackmailing letters, the
stabbings, the bomb plantings, and
even the murders of the Bliack Hand
type are done so helpless that they
face starvation if t!hey do not carry
out the orders of the Black Hand
thugs who house and feed them after
their surreptitious entry into the
United States.
-And He Got It.
"Gentlemen," said the drummer of
druggists' sundries, as he looked
around on the half dozen men who
were asking him for the latest story,
"I believe I have felt about 400 dif
ferent feelings in my life, and, the
balmiest one of all was the feeling
I had something coming to me, and
would get it if I stayed on the road
long enough.
"A-ndyhave you got it ?" was asked.
"I''have. I got it five days ago
when I was coming into Ohicago. I
was very comfortable in my Pullman
wnen a young man -came along and
told me a pitiful story and wanted me
to buy 'his diamond ring. The game is
older than the ~hills, and I was on
in a minute. Bogus story and bogus
diamond. Willing to sell me a $200
ring for $30. I asked him where the
green spot was in my eye, and while
I was pluming myself the man in the
other part of the section pulled out
three tens and pocketed the ring. Did
I look down upon' him with pity and
contempt.? Did I smile? Did I grin?
Did I ask him where his guardian
was ? Oh, yes-oh, yes, and he
speaks up and claims that the stones
were diamonds and the ring well
worth 200 plunks. It nettled me to
see the ass so cock-sure and to hear
him say that of course I was no judge
of diamonds and I put up $50 that
he'd been done for. The conductor
held the money, and when we got into
town we made for a jewelry store.
We took in four of 'em before I laid
down. Same story ini each place-ring
worth $200."
"Slick as slick."
"And there was a game in it?"
"Of course. you camel. Seller and
buyer were confederates and they
probably worked the scheme six da.ys
a week. If I 'd got ready to buy, some
excuse would have been made to head
me off. Yes, gents that 's what was
coming to me, and noir that I've got
it I feel relieved, and if any of you
think yon iiqan push pool balls about
just lead the way and I'll show you
that it's all a pipe dream."
Good Business.
Inquiring Lady-How much milk
does your cow give a day?i
Trut-hful Boy-'Bout eight quarts.
''And how much do you sell?''
"' 'Bout 12 quarts."'-Tit Bits.
He Does Now.
Teacher-Tommy. you should have
known better than to fight with that
Williams boy.
Tommy-I know, ma'am; but I
hnogh I oullic k hA.-Daily Mail.
Put This
Your I
It is wonderfully
convenient to do
kitchen work on a
stove that's ready
at the instant wanted,
and out of the way the
moment you're done.
Such a stove is the New
Perfection Wick Blue
Flame Oil Cook-Stove.
By using it you avoid the
continuous overpowering
heat of a coal fire and cook
with comfort, even in dog
days The
NEW PER
Wick Blue Flame
is so constructed that it does not add
It differs from all other oil stoves in il
with shelf for warmin
hot, and drop shelv
utensils. Has every
towels. Three sizes.
If not with your deale
The
a great light giver. I
wnte our nearest agenc
Standard
(Incorl
Unreliable Dog.
"Come -right on in, Sambo," the
farmer called out. "He won't -hurt
ou. You know a barking dog never
bites. "
"Sure, boss, ah knows dat," re
plied the cautious colored man, "but
ah don't know how soon he's going
to stop barking.''-Success Maga
zine.
THROW OUT THE LINE.
Give Them Help and Many Newberry
People Will Be Happier.
"Throw Out the Life Line' '
T'he kidneys need help.
They 're overworked-can't get the
poison filtered out of te blood.
They're getting worse every m'n
te.
Will you help theme '
Doan's Kidney Pills have brought
thousands of kidney sufferers ba2k
from the verge of despair.
Will cure any form of kidney
rouble.
P. B. Hutchinson, 901 South St.,
Niewberry, S. C, says: "Doan 's
idney Pills, produced at W. F. Pel
am & Son's drug store, hav' heen
used in my family with very satis
factory results. The relief they gave
from backacIhe and kidney trougle
was prompt and permanent. I bearti
ly advise their use to other people
affieted in similar way, beli3ving
that will live up to the claims made
for them.''
For sale by all -dealers. Price 50
cents. Foster-Milburn Co., Buffalo,
New York, sole agents for the United
States.
Remember the name-Doan's- and
take no other.
Stove in
Utchen
0 0
FCTION
f 1Cook-Stove
perceptibly to the heat of a room.
:s substantial CABINET TOP,
g plates and keeping -cooked food
'es for holding small cooking
convenience, even to bars for
Vithor without Cabinet Top.
r, wite our nearest agency.
p Lampa fo
family use-safe, con
venient, economical, and
f not with your dealer,
y
Oil Company
perated) .
A-styp-to-dyn.
The 'best known remedy for brns,
cuts, bruises or sores of any kind on
man or beast. For sale at
Maye' Drug Store.
NOTICE OF ELECTION.
The School Board of Newberry
Graded Schools will on May 6th h old
annual election for the folowing po
sitions.
One Sup;rintendent of the Schools
at salary of $1,500 a year.
High School Department.
One male Principal -at salary of
$90.00 per month. Two teachers at
salary of $60 per month.
Grammar ecooil, and P r
011artments.
Nin teacesa slr)f 5 e
The Schonon remdylor). ns
cuns brincipa or sres of y kiner
manth our east. ersal atsaryo
No appliation Drug etosdre
unlessi Saplicn Board old Newbrst
graded choolsfill on Mayloma frold
Oe Seinsttinreconize of theo
Sate salar of $1,500ation.
High choo DeparAVInt
One male obsrinctions, bt salary3o
$9000per moth wor heahSecss
soaay demands pealoth.u leti
itesi taher gratstal ofuilder
mth. ol a vrkon tcm
theod, Schoo Coln ior s
mth. hour sytem.cVirs todlay and
keno bapicin folwhil use. couider't
unford topslicnt sllectric irsti
gweak, crtn-down or iloma onm5
Starteead byfW Ect.ehm&Sn
Newberry,.S.VC..
Sertay
TO DRAW JURY.
N'tie i Ireby gi Ven that, we.
the undersigned, Jury Coimmissioners
for Newberry County. S. C.. will on
the 2:rd. inst.. at 9 o'clock a. m., in
the oflice of the kClerk of Court,
openly and publicly draw t'he names
of thirty-six men, who shall serve as
Petit Ju-iror at the\ Court of Common
Pleas which will convene at Newber
ry. S. C.. May 10th, 1909.
JNO. L. EPPS,
EUG. S. WERTS.
JNO. C. GOGGANS,
Jury Con. for Newb,rry Co., S. C.
April 12th, 1909. 4-13-109.-td.
The Wily Oriental
Appreciates Our Shirts, not
that he can wear them, but for
the fact that they are so su
perbly made of the Finest
- Materials that they will with
stand the treatment he puts
them through when he washcs
them.
OUR SHIRTS
Are not only perfectly made of
perfect materials bu' the pat
terns of those mate ials are the
most exclusive and .up-to-date
you could wish.
$1.00 and More.
EWARTnPERRY CO,
The NEW SUN No.2
P RICE $40.00
This Writing Machine
is Good Enoughfor
Anybody.
INVESTIGATE IT
6. L ROBINSON, Agent