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HAD LONG TIE-UP RESULTS OF DISPENSARY ELEC TIONS FINALLY DECLARED. Associate Justice Mandamused Comp troller General Jones to Attend Session. ie SZate. The emaI k ai t ie ineet iti. (>f he siare 1)-arl oIt (alvassers. in session .mn the dipensary election, was brokeil yesterday when an order signed by .Associate Justice Hydrick was served on Comptroller General Jones order ing him to either attend the meetings of the board or to appear before t1he associate justice tJis mnornin g, at 10 ' clock t- slow ease wlV Ie oe not attend. This ended one of the most excitling sessions of the board held in years and while at times :he actio-s of the on either side appeared to be amusing, still there were moments when it seemed that somebody might lose tem per and precipitate a quarrel. The real feature of the meeting was the constant attendance and constant ,absence of the comptroller general. For several minutes between at tempts made to take votes he would pace the corridor outsideof the office of secretary of state and the'n suddenly reappear to state his position again and offer once more to go with the hearings provided the board did not take up the question of its right to pass upon' the constitutionality of the act ordering the election. The situa tion as briefly summed up was about as follows: At the hearing Thursday the boa.rd, while awaiting the arrival of Mr. Walter Hazard, representing the pro hibitionists of Georgetown, who wish to contest tlie election, took up the Charleston case. which is contested by Mr. J. P. Grace. who holds that the act is unconstitutional. The board is executive session late Thursday after noon decided to go on with the Char leston ease. although this meant that the other cases might wait until the consit z-tikonality of the act and the righi of the board to pass upon this act had been decided. There are only four members of the board present. Messrs. Lyo~n, and McCowan stood pat on the proposi tion that the board had the right to consider the constitutionality of the :act. Messrs. Jennings and Jones were equally positive that the board did not have this right -and a dozen or so ballots were cast strictly along these lines. Mr. Jones stated most positive ly that lie would break t'he quorum by leaving the room if the board took np the case with a view to deciding itie constitutionality of the act. And he did. At intervals he left the room -and then came back with the same old proposition, while the attorneys wran -gled and the otther members of the 'board talked pro and con. Mr. Grace still thought that as the constitumtion was involved the Charleston case should be settled first. Mr. Wileox, who represents the dispensary side in Georgetown, begged the board t'o take up his case. It had been set for 11:30 o'clock. Mr. Hazard, who had arrived, was inclined to side with Mr. Grace. The board kept on deadlock ing, because Messrs. McCown and Lyon agreed wit'h Mr. Grace. Mr. Jennings, who acted as c.hairman, at .times seemed to want the matter set *tied, but on the proposition as to t.he :authority of the board he sided with ::the comptroller zeneral. session Starts Late. 'When the board was ready to meet early yesterday morning it was found that Comptroller General Jones was *absent, thus there was no quorum. About 11 :30 lhe came in and at once stated this positioni. He had voted the day before to go on with the Charles ton case. i:e said,. but had been wrng He did not think the board had the -right to consider it. Just here it was brought out that the board had decid ed to throw out the contest so far as R.ie'bland was concerned and deelore the result, but this action was not an nounced officially because the Char leston case loomed up large and strong - with the divided board. The Richl'and * '2penaaries may open Monday. 'The situation remained unchanged until 2 o'clock when the comptroller :gene,ral left the room, apparently for good. A. telegram had been received from Anderson that Mr. K. P. Smith was riot in the city and t'he board ~then discussed the advisalbility of summoning Lieut. Gov. McLeod. The law provides that in the absence of a -quorum the lieutenant governtor shall act. But tihe point was raised that the comptroller general was known to *be in the city. It was then suggested that an oficeial communication be sent Mr. Jones asking him if he intended coming to the meeting. Shiould the reply be in the negative the other mhmer of board of Sta,te Can Mr. Jones' Position. The let ter and the replY i emIiied in tic 1"IllmI\Vilng letter fr 3n 1 r. J, ites adidiessed t) the boadi: .I have received the following Ilt ter from vou of this date: 'Three members of board of SState Can vassers. Hon. R. M. McCown. H1oi. J. Fier Ln anld I, ar, rtadY Li pr)ceed with 'hearinz the toitest and declarinl'- thle resuIlts iof -he, electiou in tle varitius eounties upoi tile ques tion] of isPelSal' *Yr n dispensary. The law provides that a quorum of the board shall consist of f(ur mem bers, and knowing that you are in the State house at this time. desire to be informed whether you will attend the meeting of the board in order that the quorum may be completed and tle duties of the bioar discha.ed ii ac-cordanice with law. ' Will you please give us an ans wer in order that those members of the board who are present and ready to serve may be advised whether it is governor to attend under the provis ion of '.section 223, code of 1902, vol ume 1?' "Replying to your letter of in quiry of today. in which you desire to be informed whether I will attend meeting of the board of State can vassers in order that the quorum may be completed and the duties of the board be discharged in accordance with law, I beg to say: "That I was present during the present session of the board and re lained until the board by a divided vote declined to refuse to hear ar umen,t as to the oonsti)tutionality of the act under which the board convened. My position is that the board convenes only by virtue of that ae:: ordering the election and that we have no jurisdiction to consider the constitutionality of any act of the legislature. and especially am I of the opinion that we can not declare unconstitutional, null and void the act by virtue of which alone we con veied for the purpose of passing up o its constitutionality. "If the act under which the board now convenes is uneonstitutional. then the meeting is unoffleial and von have no right to be sittin-r in that ca 1)acitv nor to demand my presence. Whether the act is constitutional Utr not, it is not within the jurisdic tion of the board of canvassers to! onsder. andl any consideration of it ill be p)urely~ speculative, academic b.nd unofficial. "'Under the statute law of the State, section 226, code of la\vs 1902. olume 1. it is our duty. 'upon the ertified copies of the statements ade by the boards of county canvas ers, to proceed to make a statement f the whole number of votes given at uch election for the various officers. md for each of them voted for, dis tinguishing the several counties in hich thley were given. They shall ertify such s,tatements to be correct, ad subscribe the same with their >roper names.' "'Section 228 says: 'Upon such tatements they shall then p)roeed to etermine: and declare what persons ave been. by the greatest number of otes, duly elected to such offices, or ither of them. They shall have pow r, and it is made their duty, asj licial officers to decide all cases un ler protest or'eontest that may come efore the county board of canvass * The First Cogh * r.I1 ** g no(t 'vere, nas al ta-- m b ." .' t h th wm * se ap a. daanot m um t c A YRUP "i.nee gts rgt moves the cas' h . treet ir *a cha ad for 4o adokl. 25 Cn MAYES' DR IMPORTANT I WF' carry a large stoc lANDY BELTING, LE) AHANG, GiN BRIST ;TEAM FITTINGS and nf good shape on RU. matte;r what you are ,bove, don't buy until 3 will save you money. Summer IIr l <1 e elaire t lie resull of I ele tiol ordered by said act. "'I am present in my constitutioIal capacity to canvass the votes and d( (lare the result of the electimn. hut [ anil 110t I)reselt il alin eillemls-t it it iull"11 capacity to questioll nd piIss lpol the constitut iona'ity of an aet lit the reneral assembly as a member of the State board of ea-nvassers. The Papers Served. All during the wraiide the inerei3 of the board had acted pleasantly 1( wards each other althoigh at times there were some serious momentts. Mr. Jones read his formal reply given ab(ive and just a rew inuillites later was served with the order of maidam us by sheriff. There was some laugh ter and Mr. Jones took the paper. Then Capt. Jennings. who had been restive for some time aind wanted to ~et do win t l usinelss. resinali tihe chair. He said he was tired of presid i-ng over a body that did not accom plish anything in a session of a whole day. Mr. Lyon was then voted to the chair and put the motion that the board take up Mr. Grace's protest. Mr. Jones then left the room again and the meeting adjourned until this morning. A Quoram Today. He said last night that he would at tend the meeting this morning and as Mr. P. K. Smith also wired that lie would be present there will be a ma jority for or against the proposition and a decision is expected on all cas es tomorrow. The mandamus is signed by Judge D. E. Hydrick, associate justice and the hearing is to be in the justices' I consultation room at 10 o'clock this morning. The petition for mandamus is signed by J. P. Grace of Charleston. Walter Hazard. who is here to represent the prohibition protest from Georgetown. and Hunter A Gibbes of this city, igning themselves attorneys for the State. The petition sets Out in part: "That A. W. Jones. comptroller eneral. iS ex-officio member of the State board of canvassers, whose duty it is to meet in the office of the secre tarv of state and determine the result of the election. ''That on the 26th of August the board met and adjourne'd until the 27th. "That three members of the board, he attorney ge-neral, the State treas rer and the secretary of state, met and expressed a willingness to pro eed with their duties but the said A. W. Jones appeared at intervals upon aid day and only for the purpose of hwarting the proceedings and capric ously and arbitrarily absenting him elf' without just excuse and whenev r it became apparent -that a quorum ould be neeessary to proceed with he business before the board, ab ened himself, and still absents him elf and fails to attend t'he meeting f the said board and take part in the ransactions of its business and keeps ffectively broken the quorum so the aid board d4as and still is unable o proceed with the discharge of its uties. ".Also that the respondent is phy ially able to comply with any man ate of this court.'' The order of Justice Hydrick is to of the~ Soz~ ~er evriy to t~u v ie .r' umex i<m ' LUG ST O R E O GINS AND AW MILLS. of the genuine original THER BELTING anco LES, BELT HOOKS, REPAIRS, also we are BBER BELTING. No uoted on any of the ~ou see us, our prIces Bros. Co. This $45.00 Steel Range. full size, for only $31 50. Every one guaranteed. Don't fail to see us f r furniture on the same basis. THEJ. L. BOWLES CO., 1316 & 1318 Main St. NOTICE LAND SALE. We will sell to the highest bidder on the 25th day of September. 1909, at eleven o'clock a. m., at Little Mountain. S. C.. the Simeon Miller Home Place; will be sold in two tracts. Tract No. 1 containts 100 acres, more or less. Tract No. 2 contains 90 acres more or less and bounded by lands of B. L. Miller, . A. Miller. Wm. Mettz and others. Land lies about 3-4 mile from Rail Road near Slighs Sta tion. Terms of Sale: One half cash, bal ance in 12 months from day of sale with seven per cent interest, and pur chaser to pay for all papers. For any other information call on B. H. Miller at Little Mountain, S. C. (Signed) B. H. Miller, et al, Little Mountain. S. C. 8-27-09-9t. WHEN IN NEED OF MONUMENTS, TOMBSTONES, or anything in the it will pay you to visit our Show Roonm, which has the most com plete line of the above ever brought to Newberry. Write us for styles and prices. First-class workmen, good material and reasonable prices. P. F. Baxter & Son, 1101-1103 . McKibben St. The Secret of Long Life. A French scientist has discovered one secret of long life. His inet.hod deals with the blood. But long ago millions of Americans had proved Electric Bitters prolongs life and makes it worth living. It purifies, en rcihes an~d v.italizes the blood, rebuilds wasted nerve cells, imparts life and tone to the entire sysiem. It's -a god-. send to weak, sick and debilitated people. "Kidney trouble had blighted my life for months,'' writes W. M. Sherman, of Cushing, Me., "but Elec tric Bitters cured me entirely.'' 50c. at W. E. Pelham & Son's. Pofs! Pai da We Of ~" 500 of eco Fr *'ch hi m 100 pairs worth $5.0o a piir g< 100 pairs worth $4 oo a pair g 100 pairs worth $3.oo a pair g 100 oairs worth $2.L.o a pair g< r oo pairs worth $1.25) a pair g< Extra values and n-ev r ofi need mon -y, must have it. ain line come and buy fa om O. KLWE The Fair and STATE OF SOUTH CARLINA. County of Newberry. BY Frank M. Schumpert. Esquire. Probate Jude. Wherea-,;. Julia D. Bonht Made stilt to me. ti lrant her Letters of Administration of the Estate of and effects of Alex T. Brown These are therefore Lf) eite and ad monish all and singrular the kindred and Creditors of the said Alex T. Bllrown. deceased. that they be and appear before ine. in the Court of Probate. to be ield at Newberry. S. C.. on the 4th day of September next after publication thereof, at 11 o'clock in the forenoon. to siow cause, if any they have. why the said Administration should not be granted. Given under my Hand, this 19th day of August. Anno Domini. 1909. Frank M. Schumpert. J. P. N. C. HICHESTER S PILLS La I-elies-ter's Diurno It ad Pills in Red and Gold . i~tlc\y boxes.- sealed with Blue Ribbn Take no other. u fyu VIA MOD 1RAND P , for 5 yeas known as Best Safest,Always Reliable SOLD BY DRUGGISTS EVERYWERE Schedules Effective June 20th, 1909. Northbound Departures from New berry, S. C. 8:57 a. m., No. 15, daily, for Ander son, Greenville and intermediatE points connecting at Greenville for Atlanta and points North. Arrive at Anderson 12:24 noon, Greenville 1:15 P. M. 2:48 p. m., No. 11, daily, jo Ander son, Greenville and intenmediate points, connecting at Greenville for Atlanta and points north. Arrive An derson 6:14 p. m., Greenville 6:55 p m. Southbound. 1:40 p. m., No. 18, daily, for Co lumbia, Charleston, Augusta and in termediate points. Arrive Columbia, 3:25 p. m. Charleston 8:45 p. m. Au gusta, 9:35 p. m. 8:47 p. m., No. 16 daily, for Co lumbia, Charleston and intermediate points. Pullman .sleeper from Colum bia, arrive Columbia 10:35 p. m. Charleston 8:15 a. m. Summer Excursion tickets now on sale. For further information, apply to ticket agents, or, C. H. Ackert, V. P. & G. M., Washington, D. C. W. H. Tayloe, .G. P. A., Washington, D. C. J. L. Meek, A. G. P. A., Atlanta, Ga. W. E. McGee, T. P. A., Augusta, Ga. University 01 South Carolina. Schools of Arts, Science, Education. Law, Engineering, and Graduating Studies. Ten different courses leading to the degrees of A. B. and B. S College fees, room and light $66. Board $12 per month. Tuition re, mitted in special cases. Forty-two sch'larships, e a c hi worth $i00 in cash and free tuition. For catalogue address S. C MITCHELL, Pres., Columbia, S. C. uts! Paits?! er the Greatest Values Ever Shown. i Pairs Pants P qgoality Casimere waistband, roatardt , tapecov- r..d crotch :ssarre , si) c-> ing0 at only $2 89 ing at only $ )in at only 5 79 ingo at onhl $i.39 0 ng!i at 01nly 97c .. r.cd a such owg p:ie WXe i f you ne d anythin in c u rTNER, Square Dealer. Announcement! This being our twventy-fifth year of uninterrupted sUccess, we wish it to be our "Banner Year. Our thousands of satisfied cus tomers, and fair dealing, is bringing us new customers daily. If you are contemplating the pur chase of . Piano or -Organ, write us at once for catalogs, and for our special proposition. Malone's Music House, COLUMBIA, S. C. A styp to-dyn. Has cured itch magically for others in Newberry and will cure for you. For sale at Mayes' Drug Store. NEWBERRY UNION STATION Arrival and Departure of Passenger .rains-Effective 12.01 A. I. Sunday May 30, 1909. Southern Railway: No. 15 for Greenville .. .8.57a.m. No. 18 for Columbia .. .1.40 p.m. No. .11 for Greenvil-e .. .2.43 p.m. No. 16 for Columbia .... .8.47 p.m a., N. & L. *No. 22 for Columbia ..&.8.47 a.D No. 52 for Greenville .. 12.56 p.m No. 03 for Columbia .. ..3.20 p.m *No. 21 for Laurens .. ..7.25 p.m * Does not run on Sunday This time table shows the times at which trains may be expected to de. part from this station, but their de. parture is not guaranteed and the time shown iz subject to cl6ange with ,,t notice. G. L~. Robinsonl, Station Master. CHArLESTON & WESTEIEN CAE OLINA EY. Schedule in effect May 31, 1908. Lv. Newberry(C N & L) 12:56 p.m. Ar. Laurens 2:02 pm. Lv. Laurens (C & W C) 2:35 p.m. Ar. Greenville 4:00 p.m. Lv. Lauren 2:32 p.m. Ar. Spartanburg 4:05 p.m. Lv. Spartanburg (So. Ry.) 5:00 p.m. Ar. Hendersc-nville 7:45 p.m. A.r. Asheville . 8:50 p.m. Lv. Laurens (C & W C) 2:32 p.m. Ar. Green.woQd 3:32 p.m.. Ar.,McCormiek 4:33 p.m. Ar. Augusta 6:15 p.m. Tri-Weekly Pairlar Car line be tweern Augusta. and Asheville. Trains Nos. 1 and 2, lpave Augusta Tuesdays, Thursdays and Saturdays, leave Asheville Miondays, Wednesdays and Fridays. Note: The above arrivals and de partures, as well as conneetions with other eumipanies, are given as infor mation, and are not snarantead. Er:lest Williams, Glen. Pass. Agt., Augusta, Ga. G;eo. T. Bryan. BLUE EIDGE SCHEDULES. Eastbound. No.. 18, leaves Anderson at 6.30 a :n., for connection at Belton wita Souithern for G~ree-oville. No. 12. fromi W:alhailla. lenv-s Ar'. *erson at 1O.L-> a. mn., for conneuetion JReltE)n wjrb Sm':thierni Railw:n~ for No. 20. ientr A !3dersonf ;ii 2.20 m. fo on..e tRhnwt .with c~onnfect-ions nt Senees with southerp,n R?ail. from~ poEint? --.t No 10. fr'om Wal,hallai. Iien. An derson at 4.57 p. mn., for connIe-tionls. Wst buni. oi Green Villie N, 9. nrrra" ~ A .4nderseP ., No 19. -r ~ dersoni .3.0 m i.. frmeon 'ons No, 11. - Ander' at s..' ,. :!e anid hum -No. 7, dail - '~ Sundas aves loc(al i - ~ 5I~neers, ber Anedersou am,, - uilaj1 and bet'ween . nal :n .erl4or: