The herald and news. (Newberry S.C.) 1903-1937, April 23, 1909, Page TWO, Image 2
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
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