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Schumpert should keep and use the 5fice then and now 'used by county auditor and that the auditor should be removed to the office room in the rear or east end of the court house. Section 7 of the answer of the su pervisor admits thathe' 'made positive demand upon the auditor to allow the furniture, books and papers provided for the county auditor to be removed to the office in the rear of the court house in conformity to -the deeision of the county board, which demand the plaintiff refused, after having previous as this defendant is in formed, believes and alleges, and less than two hours before the time set for removal, consented and agreed thereto under protest, however, but he denies that any force was used or -offered or contemplated or that any undue effort was resorted to to cause the removal of the books, records, equipments and furnishing there from.'' The supervisor also alleges in his answer that his efforts were at all times lawful and moderate, and after he was- informed that resort would be made to the court he made no fur ther demand. Aidavits of County Comnioner. The defendant also submits an affi davit from C. L. ILeitzsey, a member of the board in which it is stated that the board decided that the room now occupied by the auditor should be the room for the probate judge and that the auditor should vacate that room and thereafter occupy the office in the rear end of the building. L. C. Livingston, another member of the board of county commission ers, makes an affidavit to the same efect as that of Mr. Leitzsey and adds that "so far as this deponent is concerned he had investigated the matter thoroughly and while not giv ing .his. reasons at large for such, he. was convinced aii satisfied by every fact and circumstance that of the two offices in question' the probate court should occupy the one then in pos session of the county auditor." W. H. Wendt and Thomas J. Wil son, former members of the board of county commissioners make affidavit and deny ''that W. W. Cromer as county auditor had .the consent, ap proval and authority of the county board of commissioners of Newberry county to use and occupy the said office or room.'' They also state un der oath ''that the matter of assign ment of the office rooms in the new court house was never before their board for action and that they were never callred upon to render any de cision or judgment thereupon.'' They also under oath said that. if the room in the rear is unsatisfactory for the office of the county auditor -that it is all the more true that it would be unsa.tisfactory for the office of -probate judger.and that if the mat ter 'had come before their board they would have favored the assigning to the auditor the office in the rear of the building and the probate judge to the office now occupied by the au ditor. The supervisor also submits in his answer petition signed by nearly the entire bar asking that the probate judge be given the office now occu pied by the auditor. The Other Side. The attorneys for Auditor Werts submitted in their argument to the Supreme Cou'rt affidavits from Mr. George S. Mower, chairman of the court house -eommission and from Mr. Klettner, secretary of 'the commis sion, and from Auditor Werts, and from former Supervisor J. Monroe Wicker. They also submitted an extract from the presentment of -the Grand Jury at the recent term of th-e ses sions court bearing on this subject, and an extract from 'the order of Judge Prince on the sam~e subject. The affidavits of Mr. Mower and Mr. Werts and Mr. Wicker are given in full. We also print again the ex tract from the presentment of the grand jury and an extract from the order of Judge Prinee. Affidavit of Mr. Geo. S. Mower. Personally came before me George S. Mower, who being first duly sworn, -says :--That pursuant to the terms and provisions of an act of the Gen eral Assembly of the State of South Carolina, entitled "An Act to Pro vide for the Erection of a New Court House in Newberry County,'' ap proved the 17:th day of February, 1906, deponent was appoin-ted and consti tulted one of the commissioners of the commission to procure plan for and erect a new court house for Newberry County, and that upon the organiza tion of the said commission, be was elected Chairman thereof and Otto Klettner was -elected Secretary; that pursuant to the provisions of the said act, the commission procured plans for the said building and in said plans, as originally adopted, tihe office of the Probate Judge was to be the omrh~e now occupied by the County Auditor and the County Auditor was to occupy the room afterwards as signed to the Probate JIude: that: the-relfter. andl( before the enm>letion of the said building and just prior to lettmnc the euntract for the furnish ings and equipment of the offices in the said building, the commission was made aware of the fact, that the orig inal plan could not be carried out on account of the fact that the office originally intended for the use of the County Auditor was not sufficient or suitable office room for the accommo dation of the County Auditor, nor could the necessary furniture and in-, cidentals as are necessary to the proper transaction of the legitimate business of the County Auditor be furnished in said office as originally planned; that the commission found that the offioe originally planned for the County Auditor was sufficient and suitable office room for the ac commodation of the Probate Judge and was ample for the ndeessary fur niture and incidentals as are neces sary to the proper transaction of the legitimate business of the Probate Judge; that thereupon, the commis sion changed its original plans, so that the County Auditor was assigned to the office originally planned for the Probate Judge and the Probate Judge was assigned to the office orig in4lly -planned for the County Audi tor; that thereafter and on the - day of July, 1908, the commission re eeived a communication from Frank M. Schumpert, Esq., Probate Judge, asking, in effect, that the contem plated change be not made and thai he be allowed to occupy tt offief. originally intended for him; this communication was received as infor mation and the request was not granted by the commission; that prior to said communication the said two office rooms so assigned by said commission had been equipped by the commission with furniture specially, adapted to the needs of these ' re spective officers both in the office rooms and vaults or record rooms con nected therewith, the latter being equipped with steel furniture design ed and adapted for the use and needs of these respective officers. Geo. S. Mower. Sworn to before me this- 19th day of April, 1909. Frank L. Bynum, (L. S.) Notary Public for South Carolina. Mr. Otto Klettner, a member of the court house commission, submits an affidavit in which he says that the statements contaned in the affidavit of Mr. Mower are true to his own knowledge. Affidavit of Auditor Werts. Auditor Werts makes affidavit as follows:. That he is the County Auditor for Newberry County~ and the plaintiff in the within action; that in addition to the facts as stated in the verified com plaint herein, deponent swears that he has not been served with a copy of any decision of the County Board of County Commissioners for New berry County, passed by them at any time, in reference to the occupancy of the offices in the new Court House. That deponent has tried to place his books and records, or some of .them in the vault or record room of the office assigned to the Probate Judge by the Court House Commission, and he finds that the said vault or record room is totally unfit and unsuitable for his books .and records. Eugene S. Werts. Sworn to before me this 19th day of April, 1909. W. A. McSwain, (L. S.) - Notary Publie for South Carolina. Affidavit Former Supervisor Wicker. Mr. J. Monroe Wicker makes affi davit as follows: That he was a member of the Court House Commission for the erection of a new Court House for the County of Newberry, and at the time, was also County Supei-visor for Newberry County, and as such was Chairman of the Board of County Commissioners for Newberry County; that he has read t-he affidavit of George S. Mower, the Chairman of the said Court House Commission, and that the matters and facts stated therein are true of his own knowledge. Deponent further swears that the offices as assigned to the respective County Offieers by the Court House Commission have all been occupied by the respective officers as assigned, with the exception of thre office as .signed to the probate judge; that all of said rooms and offices'were assign ed by the commission which designed and ceonstructed the said building,with the tacit consent and approval of the *then Board of County Commissioners, the said Board entering or offering no suggetions3 or objections whatso ever in the matter, as they believed that the Court House Commission knew more about the matter than they did. J. Monroe Wicker. Sworn to before me this 19th day f April, 1909. Fred H. Dominick. (L. S.) Notary Public for South Carolina. Extract from Grand Jury Report. "'After a thorough examination of me rooms in the new Court House we eeinceH(d that the office original inwnlded 1 the( Auditor 1ill.n - x i- he said officer, retam i lie ronomi mli w1ei he is at present located, and furthermore, that the Probate Judge be required to occupy the vacant room on the same floor contiguous to, and east of, room occupied, at present, by said Auditor, and, that the room in th-e old Court House vacated by said officer be put in such condition by the Su pervisor as to warrant its rental." Extract from Order of Judge Prince. It is Ordered: That so much of the presentment of the Grand Jury as refers to the location and occupancy of the Auditor's office and Probate Judge's office be forthwith served upon the Supervisor and county com missioners and the Probate Judge and Auditor for Newberry County. NEWBERRY WINS AND LOSES. Wins With Wofford on Friday and Loses With Erskine on Saturday. Next Game at Home. The result of the Newberry College ball team's recent trip was an even break, the Red Men defeating Wof ford 7 to 0, and allowing Erskine to defeat them 7 to 1. At Spartanburg, Newberry jumped on Russell, Wofford's pitcher in the first inning, getting all seven runs by clever base-running and five hits. Wannamaker was then substituted and held the Red Men to three hits for the remainder of the game. The feature of this game was Hazel's ex cellent pegging, and clean home-run, and Munroe's pitching. The Tar Heel. delivered the merchandise in grand style. The score was R. H. E. Newberry 7 0 0 0 0 0 0 0 0 7 8 2 Wofford 0 0 0 0 0 0 0 0 0 0 5 5 Munroe and Hazel. Russell, Wannamaker, Bull, Glenn. On Saturday, Newberry scored in the first inning and Erskine tied it up in the second by the aid of the umpire. Things went well until the 6th inning, when Erskine scored six runs on two hits and four errors. In this contest Wessinger made several swell running catches in right field, and Cashion did the same for Erskine. Tbe game was called in' the seventh inning, so Newberry could catch the train. The scor~e. R. H. E. Newberry0 0 0 1 2 6 ErskijeOlO006 x 7 5 2 Derrick, Hatton, Munroe, Hazel. Byrd and McCaw. GUARDING AGAINST QUAKES. Builders Must Try to Meet the Inevi ta,ble Exigencies. Frank A. Perret, formerly honor ary .assiste nt at Royal Vesuvian Ob servatory, was one of those who re mained at that post of duty during the great eruption of 1906. He has since studied .at close range the vol cano at Stromboll in action; in .1907 he predicted that a great disturbancee of Aetna was impending, and he was on his way to Sicily when the Mes sina ti'agedy took place. Writing .of " The Messina Earthquak? in the Century, Mr. Perret declares i:ts les son a two-fold one and the freshness of -the San Francisco horror brings the warning home. " Those who live in earthquake dis 'tricts should build their houses to witstand these vibrations of the round. This is feasible, and it is to be hoped that all ruined towns will be rebuilt accordingly. But it is mani festly too much to exp' that ezist ing cities in earthquake districts will be torn down and rebuilt and there fore those who favor the spending of 'large sums of money for astronomical Iand other research for the proper study of the world on which we live, in order that we may learn its se crets and foretell its movements, and thus prevent a great earthquake from being also a great disaster. This, too, is feasible, and it is a matter of vital importance to humanity. "May it irot be hoped that this last great catastrophe, with its 'hideous loss of human life and its enormous total cost, will cause the lesson to be taken to heart?'' Why the Marquis Paid. The famous surgeon Velpeau was visited one day 'at his house during the consulta.tion hour by a marquis renowned for his closeness. Velpeau informed the~ marquis that an opera tion was urgent and that the fee would amount to 4.000 francs. At this the marquis made a face and left. A fortnight later Dr. Velpeau, while making his rounds in the Hospital de la Charite, had his attention attract ed by a face that seemed familiar to him. In answer to his inquiry it was stated that the patient was a footman of a nobleman in the Faubourg Saint Germain. The surgeon found that his ase resembled in every particular Ithe somewhat unusual one for which the marquis had consulted him a fort night p)reviously. He refrained, how over, from making any comments. Three weeks after the operation, eharged Dr. Velpeau called him aside and exclaimed: "Monsieur, I am -extremely flatter ed and pleased to have been able to cure you. There is, however, a small formality with which you will have to comply before I can sign your ereat; that is, you will have to sign a check for 10,000 francs in behalf of the public charity bureau of your metro politan district." The patient's face became livid. "You can do what you like about it," continued .the doctor; "but if you refuse all Paris will know to morrow that the Marquis de D adopted the disguise of a footman in order to secure free treatment at this hospital and to~usurp the place which belongs by right to a pauper." Of course the marquis paid.-Cleveland Leader. CHEAP RATES TO AUGUSTA, GA. For the Musical Festival, April 26-27. For the-above occasion th-e South ern Railway will sell round trip Ex cursion tickets on April 25th and 26th good returning April 29th, at very low rates. The Augusta Musical Festival will be -composed of many notable attrae tions such as Mme. Emma Eames, Prima Donna. Assoluta, Walter Dam roseh and the New York Symphony Orchestra of fifty people, renowned ,sooists, Mmxe. Rider-Kelsey, Mr. Reed Miller, Miss Neva Vander Veer, Mr. Gustav Holmquist and a chorus of two hundred voices. For information apply to ticket agents, or W. E. McGee, T. P. A., Augusta, Ga. J. L. Meek, A. G. P. A., Atlanta, Ga. NOTICE TO SCHOOL BOYS. All school boys who have agreed to plant 1-2 acre in corn or cotton will call at my office on Saturday, April 24th, axd get the seed. J. S. WHEELER, Co. Supt. Education. 4-20-'09-2t. BLUE RIDGE SCHEDULES. Eastbound. oS. 8, leaves Anderson at 6.30 a. m., for connection at Belton witD Southern for Greenville. No. 12, from Walhalla. leaves An derson at 10.15 a. in., for connection at Belton with Southern Railway for Colutmbia and Greenville. No. 20, leaves Anderson at 2.20 p. in., fol' connections at Belton with Southern Railway for Greenville. No. 8, daily except Sunday, from Walhalla arrives Anderson 6.24 p. i., with connections at Seneca with Southern Railway from points south. No. 10, from Walhalla, .leaves An derson at 4.57 p. in., for connections at Belton with Southern Railway for Greenville and Columbia. Westbound. No. 17, arrives at Anderson at 7.50 . in., from Belton with conneetions from Greenville. -No. 9, arrives at Anderson~ at 1224 o. m.; from Belton with connections from Greenville and Columibia. Goes to Walhalla. No. 19. arrives at Anderson at 3.40 p. in.. from Belton with connections from Greenville. No. 11, arrives at Anderson at 6.29 p. in., from Belton with con netions from Greenville and -Colum bia. 'Goes to Walhialla. No. 7, daily except Sunday, leaves Anderson at 9.20 a. in., for Waihalla, rth connections at Seneca for local Nos. 17, 18, 19, and 20 are mixed tr'ns between Anderson and Belton. Nos.- 7 and 8 are local freight trains, carrying passeng~ers, between Anderson and Walhalla and between Wahalla an? Anderson A BAPTIST ELDER Restored to Health by Vinol "I was r-un down and weak from in digestion and general debility, also suf fered from vertigo. I saw a cod liver preparation called Vinol advertised and decided to give it a trial, and the re sults were most gratifying. After tak ing two bottles I regained my strength and am now feeling unusually well." Henry Cunningham, Elder Bap tst Church, Kingston, N. C. Vinol is not a patent medicine-but a preparation composed of the medicinal elements of cods' livers, combined wi,th a tonic iron and wine. Vinol creates a hearty appetite, tones up the organs of digestion and makes rich, red blood. In this natural manner, Vixol creates strength for the run-down, over worked and debilitated, and for deli ate children and old people. For chronic coughs, colds and bronchitis Vinol is unexcelled. All such persons in this vicinity are asked to try Vinol on our offer to re fund their money if it fails to give sat isfaction. William E. Peiham & Son Newherrv. S. C. PIANO PRICES j:.1 t When you Buy a Piano at our Salesroom you ge What You Pay for. We cannot give you for $300 an Instrument worth $500, nor, will we pretend to do so. All we can do is to give you the full measure of value for the money you invest. No one else can do more. Some of our pianos are priced higher than others because it costs more to make them-they are better instruments, and are worth more money. We do not attempt to enter into price competition with cheap pianos_ represented as having extraordinary merit. We could produce in. struments of inferior grades, make exaggerated claims for them and sell them at apparently bargain figures. But we would rather be fair with our patrons and have a busines( founded on the confidence of the public-and the only way we have yet discovered is to give every purchaser a full equivalent for his money,4 and without recourse to fictitious statements. You can find pianos here higher in price than you see at most other piano stores. You can also find instruments marked at very moderate -prices. You can make your c'ioice knowing that in any case you are paying no premium over the real value of the one you select. Everything Known in. Music. TH E CA B LE ~COMPANY P IA N.O MnA K ERS S J. V, WA LLA CE, Mgr., - -Charleston, S. C [F IT'S IGood to Eat I ~ AND YOU WANT2 a *THE-BEST ~ ae YOU WILL FIND IT AT a . 3 'PHONE No.212+ I,e * *.,@ e $+0+00+0+@0+0++0+-++ -+ i