The herald and news. (Newberry S.C.) 1903-1937, October 26, 1909, Image 1
VOL XLVII NO. 8: NEWBERRY, S. (3.. TUESDAY OCTOBER 26. 1909 TWICE A WEEK. $1.50 A YEAR
CAN THE ELECTION BE HELD?
City Attorney Cromer Says Decision
of Supreme Court Does Not Af
fect Special Bond Election.
In the issue of The Herald and
News of the 8th inst., 'the same issue
in which was printed the ordinance
-rdering -the election on the sewerage
bonds, we had a short editorial in
quiry as follows:
"Can the Election be Held?'"
'City council has ordered an elee
tion on the sewerage bonds. We
should be careful to be right. The
constitution of the State provides,
article 2, section II, "The registra
tion books shall be closed at least
thirty days before an electio-n. during
w'ich -time transfers and registration
shall not be legal."
-'Section 12, same article provides
mnicipal elections shall have the
same qualifications as county and
State, The books were opened Mon
day last, then thirty days prior to the
election as ordered. This matter
should be carefully looked into by
the city attorney.''
The next morning City, Attorney
Cromer came to The Herald and News
offioe and said he would be glad if we
-wiald print his opinion which he had
been asked for by the mayor. We
stated to Mr. Cromer that the point
was not covered as we saw it in his
OEIInion as it did not relate to the
question raised by The Herald and
News, and he replied then that the
sec.ion of :he constitution which we
.qu-ted did nt refer to municipal or
special elections, and in our issue of
October 12, in printing Mr. Cromer's
opinion we stated, ",this opinion does
not touch the point raised by . The
Herald and News, but City Attorney
Cromer says that the section of the
constitution quoted in regard to clos
ing registration books does not apply
to municipal elections."
In our issue of October 15 we stat
ed editorially as follows:
.In calling attention to the consti
tutional provision as to the registra
tion of voters The Herald and News
did not have reference to the statute.
On that point Dr. Cromer's opinion
i: safe. But a statute cannot ebange
t:i constitution. The constitution
. says the registration books for the
State shall close thirty days before
an: election. This election Is ordered
to take place less than thirty days
fr om the time the books were open.
Ti election comes on Tuesday, NEo
vemnber 2nd. one clay after the day
f., op)lening cou nty and state books
of registration. This will close -the
books on the first Monday in Novem
her and to vote in the city p.rimary
a town registration is necessary and
to? secure i: you must have a state
registration ticket.
'If. however, all the requirements
ot the statute are complied with it
will be all right. It is important to
have the sewerage and our only pur
peit to be sure' we are right so as
wor to have another hold-up on a
echnicaliy."
The Supreme Court in a decision
haznded down on Vaturday and writ
eA by Justice Hydrick, bears direct
on this question and speaking of
iele 2. section 1I, the Court says:
It is coitended by the respond
that t.he above quoted provision
the Constitution was not intended
apply to municipal and special
lections, but only to general elec
tons. The language used certainly
does ..:t warrant such a cons:ruction.
It is broad enough to cover all elec
tions and we see no reason why it
should not be applied to one class of
.eie-tion than to another."'.
We print elsewhere a full synoP
sis of this opinion, and it covers
~ey much the same point we raised
-nj1 7e presume it will necessitate the
ordering of another election on t.he
sewerade bonds for Newberry, though
Sthe city attorney says it will not.
Mr. Cromer, tne attorney for the
city, as seen by The Herald, and
News yesterday, and it is his opinion
that the decision of the Supreme
'ourt does no: in any way affect the
validity of the election~ whie.h has
been erderedl. He says that under
ths o: inion t hose who registered in
Qwo r9? cannoit vote and that thle
hook wer.e cons1 tctvely closdl as
'' thi- ,etin only. and that a FC2
ijati: cer:il~' ~j icate securecd i Oct -
e fo. -he purpose of vot ing inth
bond election in Newberry is an il
legal certificate as to this special
election and if the managers of the
election were to allow a majority of
the voters holding such a certificate
to vote. then the election would be il
legal. Under this opinion of the City
A%toirney the election will go on and
will be held as advertised.
Mr. Hydrick in his opinion says:
"The constitution plainly says t.hat
municipal electors are subject to the
same disqualifications as other elec
tors. And it as plainly says that
transfers and registrations during
the period of thirty days immediately
preceding the election shall not be
legal. It is argued that such a con
struction of the constitution might
result in having -to close the registra
tion books for. an indefinite time.***
Such a consequen.ce is by no means
necessary. The books may- be closed
thirty days before each election only
as to that election.* * * This provis
ion of the constitution is manda
tory.''
Mr. Cromer says that it doesn't
mean that the books must be actually
closed and registration refused to all
voters in the town of Newberry
.thirty days before the election, but it
means that if they do receive regis
tration less than thirty days before
the election that such registration is
illegal as to that election, and it can
only affect that election if a majpr
ity of such registered voters should
vote in that election.
INVOLVING ELECTION LAWS.
Matter of Registration Reviewed by
Justice Hydrick.-How the Votes
Were Cast.
The State.
A te6ision rendered by the supreme
court yesterday perpetually enjoins
the petitioners in an election case in
volving the exansion of the town
limits of New Brookland, from taking
further steps in the litigation. The
decision is written by Justice Hy
drick and goes thoroughly into the
case.
This was a petition in the original
jurisdiction of this court for a writ
of certiorari to review the decision of
4Ie intendant and wardens of the
town of Brookland. as to the validity
of an election. held on August 14.
1908. on the question of extending
the corporate limits'of the town.
It appears from the agreed state
ment of facts, upon which the case
was submitted, that in the eleteion 83
votes were cast by electors residing
wvithini the corporate limits of the town
70 in favor of and 13 again'st the pro
posed extension, and tha: 76 votes
were cast by electors residing in the
territory proposed to be annexed. 63
in favor of annexation and 23 against
it ; that 123 of those who voted in
the election were registered. by the
board of registration for Lexington
County within 3D days of the elee
tion: that four of them were regis
tered within ten days of the election
and that 12 of them were not regis
tered at all during the year 1908,I
prior to the election; that the man-1
agers of the election within the cor
porate limits of the town did not re
quire any of the voters to produce
proof of t.he payment of taxes during
the previous year.
The electiion was contested on va
rious grounds. but the contest was
overrled, and the result declared to
be in favor of the proposed extension
of the corporate limits.
The statu:e (see. 1997. vol. 1, code
1902) provides that the corporate
limits of any town may be extended
by a majority vote of the qualified
electors residing therein and of the
territory proposed to be annexed, in
an election held upon tile p)etition of
a majority of t.he freeholders of the
territory proposed to be annexed.
According to the Decision.
Setion 11 of article .2 of the con
stituion provides: "The registra
ion books shall close at least 30
das before an election. during which
tine transfers and registraion shall
iot be legal.'' There is a proviso
wichi does no: affect the (quest ious
un der coqnsideration.
Iis conltended by :heresondent<
iii the above quIotei~ provision of
applyv to mun!.Iicviplal an I p ecial elee
The language used certainly does not -
warrant such a onstrUCtion. I: is
broad enough to cover all elections.
and we see no more reason why it
should be applied to one elass of
election than to another. The lan
guage of the following sectiol Of the
constitution (12) seems to indicate- an
intention that the provision should
apply to municipal elections. It
says: "Electors in municipal eiec
tions shall possess the qualifications
and be subject to the disqualifications
1herein prescribed. The production
of a certificate of registration from
the registration officers of the county
as an elector at a precinct included
in the incorporated city or town in
which the voter desires to vote is de
clared a condition prerequisite to
his obtaini-ng a certificate of regris
tration for municipal elections," etc.
The Decision Then Says'
The constitution plainly says that
municipal electors are subject to the
same disqualifications as other elec
tors. And it as plainly says that
transfers and registration during the
period of 30 days immediately pre
ceding an election shall not be legal.
It is argued that such a construction
of the constitution might result in
having to close the registration books
for an indefinite time, if it should
happen that a considerable number
of municipal and special elections
should be held consecutively within
30 days of each other. Such a conse
quence is by no means necessary.
The books must be closed 30 days be
fore each election only as to that
election. For any other election, or
for the general registration of the
electors of the State, t.hey may be
kept open during that period of
,time, and certificates and transfe::s
issued. This construction harmonizes
the various provisions of the consti
tution and statutes on the subject.
These provisions of the constitution
are mandatory; and it follows that
the votes of all those who were reg
istered within 30 days of tie election
were illegal. -
The corrstitu-tion is equally plain
in its requirement of proof of pay
ment of taxes. It says (artice 2.
section 4, sub-division e) :"Manaoeri
of election shall require of every eleJ
:or offering to vote at any electlm..
before allowing him to vote. pr 4
of the payment of all taxes, ineiumNg I
pll tax. assessed against him and]
colletible during the previousI
vear,''.etc.
This provisioni is likewise manda
:rv, and it was held in Wright vs
Board of Canvassers. 76 S. C. 374.
that the failure of the managers to
complly with it rendered the election
void. When it appears that enough
ilgal votes were cast in any election
to change the result. the election
must be declared void.
I: is t,herefore. ordered and ad
*judged that the election. held on Au
gust 14, 1909, by order of the town
council of t.he town of Brookland,
on the question of extending t.he cor- j
porate limits of said town, as shown
in the pet'ition herein, was void, and
that the respondents be. and are
hereby, p)erpetually enjoined from
taking any furt.her steps under or by
virtue thereof.
ABOUT PERSONS AND THINGS.
News Briefly Told.-Gathered From
In and Out of the State? Nation
and World.
At Buffalo. a mill village, about
four miles from Union, Juno. Robert
son. Jr., in a fit of anger because his
infant six months old worried him,
beat the child until the blood ran
frm the nose and ear's. Robertson
ws senteuiced to pay a tine ofi fifty
dollars or go to the gang for thirty
days. Tile prisoner escaped from
Constable Ribinehart as he was being
brought from Buafflo to jail at Un-j
ion, and' a reward of ten doliars is
offered by (Constable Rhinehart for
t:he cap)ture of the prisoner.
TheI model home at Whi:hrdp col
lee bids fair to be one of its most
importamt departments. Miss Carrie
Hyde. of Georgia. has it iln chlarget.
In i i depairtmnent the girls are
taughLtt p)ractical and uiseful hautihldi
art.,, and it is provingt a vatluiable fea
THE IDLR.
* **
Mr. Idler: Another idler has been
taking a constitutional stroll along
Boundary street recently and was
struck with the fact that nearly all
the business activities of our city are
represented by residents who own
their homes on this street. There are
three citizens who wore the robes of
high office, as senators, two resigned
for private life, .the other still in of
ice, all neighbors. There are six
physicians all on the sunny side of
the street. (They know the benefit
of sun rays, you bet.) There are four
presidents, two the heads of prosper
L)us banks; one of Newberry cotton
mill, the other of Farmers Oil Mill;
four lawyers of fame outside of our
physical boundaries. Three ministers
Lf different denominations, merchants
whose commercial -characters stand as
0. K. in Bradstreet's, in Boundary
street and represent every branch of
business, shoes, clothing, dry goods,
groceries, notions, furniture and mil
linery with harness and hardware es
tablishment that finds courteous rep
resentatives on this street. The may
or of the town and newspaper force
of The Herald and News. the court
stenographer, school trustees of city
schools, and a life trustee of Clemson
?ollege. and farmers who "live at
lome and board at the same place"
and are loyal su,bjects of "King Cot
ton." and to this fine showing, alas!
we must add-an undertaker. And
we must not omit the elegant church
es, and new parsonages recently built
on Boundary street. These with a
large brick school house and asphalt
side walks, fine residences, pretty
'Lawns an*d plants make an attractive
residential section of our city. And
if janitors were made to sweep the
idewalks in front- of churches and
swhool buildings and householders re
juired servants to do .the sami each
lay, Idler could have no criticism to
nake, and the leaguers for civic re
lorm give practical demonstration of
:heir aim and work to the public
rood.
Scribbler.
Scribbier must live in Boundary
;:reet the way this article sounds.
Don't youi.think so? Now what 's the
natter with Calhoun street? You
nustu''t forget that thisis THE street
>f the city. They tell me that they
ion't even eat pies in Calhoun street.
Xnd vou know that 's an evidence of
iristocraev. I don't know much about
.hat. Then there are some fine boul
wvards out in the new part of the city
nid don 't let Scribbler forget that.
En fact on any of t!bese streets you
vill find financiers and bankers and
nonby makers. The fact is this is 'a
>retty good old town. Well, there is
me thing Boundary stree't has no
~bief justice,, if she has .three sena
:ors and ex-senators. And then, un
.ess I am mistaken, one of these gen
:lemen does not relaim Boundary
street, but he lives in Johnstone street
md it might not be well for Scribbler
:o claim too much. All of us farmers
re living at home now and boarding
mt the same place and this winter and
ex: summer the way we will eat
:-ountry ham will ,be a sin.
'A good pushers association can put
:he knockers out of business any
:lay." T hey might in some places
out t:bey wouldnm't be in it in New
>errv. The knockers we have with us
ill the time. In fact it has gotten to
)e sort of a profession. I mean to
say knocking~ is a sort of p)rofession.
Anmd we have some experts, so I am
:old. But I hope the young men will
ret together and pull and push for
this lown and community. Get to
rether. yes, that's the u.inug to do
and then push and pull together.
How would it do to form a broom
brigade. I have spoken heretofore
about a cleaning up *day. I would
ike for the civie association to read
the following which I think wvas cut
:u of the Atanta JTournal:
"The broom is Atlanta 's ensiwn
Wed.~nesdal~y and hiundreds of ladies
arme wielding it withI enithmusiasm from.
Broo)4kwd to4 Gran I~It )park, fromn West
a~~~ t )rijd luulls. It is the city'
Lleaning-up day.
"Thi semi-aunual custom which
Iwas iaugurated last spring a year
ago by the City Federation of Wo
men's club has grown in usefulness
and popularity until now whenever
it comes around it clainis a well
nigh universal observance.
"Not only the sidewalks and lawns,
but the alleys and all other spots and
byways are being cleared of trash,
paper and debris. It is the idea of
the ladies to show what a delightful
place Atlanta can be when everybody
leagues together to make it clean, im
maculately clean for a day, and thus
Ito help keep it clean for the whole
365.
" This season the work was begun
shortly after breakfast and is contin
uing until darkness comes. The re
sult will be a more heathful and
beautiful Atlanta."
-0
Bat why not keep clean every day.
It is heal-thy and it adds to comfort.
These sidewalks are not swept more
than once a year in some places ex
cept when they are swept by the wind
and washed by .the rain. Then there
are some back alleys and - public
places and private yards tha-t need
the brush and the broom with a good
bit of muscle at the handle end of
>the broom. I am not intending to in
fringe upon the prerogatives of the
health officer nor of the members of
the civic society but I was just in
,tending to speak of what I see now
and then as I happen to go down
street. I don't get down often and
then'it is only down and back to my
den. But it is a good idea .to have a
semi-annual cleaning day and this is
a good time to ha.ve it and I com
mend the idea to our good people of
the broom brigade. With the goat
brigade and the geese brigade and the
broom brigade we would certainly
have a clean town and an attractive
one as well.
-0
I noticed .that the column to -the
old court house that was down has
been put back in place. I heard some
*one say that a mule that was hitched
to it pulled it down. Why not put
some hifching racks alongside the
old court house and let the people
hitch their mules to them instead of
hitching to the posts. It would be a
I great convenience to the traveling
public. And then it wouk4 save the
expense of replacing the post when
it is pulled down.
--
Talking about having a cleaning up
day. wouldn't it be a great thing to
see one day in Newberry universally
observed and wha,t a revelation it
would be to our people if they would
all get out just for one day and clean
up all the debris and the trash and
the papers from the streets and the
alleys and the yards and the public
plaes. The more I .think about it
the more I am impressed with the
greatness of the idea. It is truly a
great suggestion. It would be just
o rand. Will not 'the civic society take
old of the idea and put it into a
reaism'? It would be just lovely.
Why we would all be just crazy about
it if we could once get started. Well,
my vocabulary of adjectives is ex-.
hausted trying to express how I feel
about it. Won't some one help me
to tell of its glorious beauties. I
mean the beauties of the realization
of the thing.
---
I hea,rd that some one :bad criticiz
ed some sentence in The Idler's re
fletions as containing a grammatical
error. Well, you know, that does
not worry me nor does it surprise
me. My educational advantages were
very limited. In my school days
thee were not near the advantages
that obtain today and then I did not
have opportunity to go to school that
.soe of the b)oys' and girls have in
Ithis progressive and enlightened age.
But as a mat:er of fact I have not
tried to write fine rhetoric nor polish
ed sentences nor have I been as care
Iful possibly of my grammar as I
should have been. You know the
Ionly English grammar I ever studied
was calied Smith 's. I reckon none
of the boys and girls of. this day
would look at it. But it had thirty
thee rules w~hich we all had to mem
orize. That is about all I now re
eal of it. What studyinig I did in
me roJuth was by the light wood knot
tire afterl p)ossibly a hard day'*s work
in :he lield. Yet I have great rever
-.klCe thtie cld timne coufry -.oo
zeacner. ne may not nave taugns
you how to read before you learned
the alphabet but what you got you
had and you knew you lhad it. And
they turned out some mighty solid
men and women.
I notice that a correspondent who
signs himself Son in The Herald and
News says that he enjoys The Idler's
writings and that my articles "con
tain useful information, if follow
ed." Well, now that is putting it
about right. "Useful information"'
is not very useful unless it is "fol
lowed." Had you ever thought of
that? To tell you the .truth I had
never before thought of it in exactly
that light until I read -this comment.
"Useful information" is not very
"eful" uniless it is used or "fol
lowed.'' I have seen some people
who had a lot of very "useful infor
mation" and who made very little
use of it and -therefore it was useless
to them. And for that matter to
anybody else. We ought to use what
we have. We ought .to make use of
.our opportunities as well as our in
formation. I am glad, however, that
Son enjoys The Idler and I hope he
is profiting by the "useful informa
tion'" given.
-0
I noticed that .the Federal govern
ment has appointed a commission of
officers of the public health and ma
rine hospital service to investigate
pellagra. It is stated that it is a
new disease of increasing prevalence
in the United States and that theri
are now 5,000 cases. There are many
t'mes that many cases of tuberculo
z - in this country. But then the
government is trying to do something
with this disease also and as it is
claimed pellagra is a new disease I
reckion it is right to take hold of it
at once. I have understood that pel
lagra is an old disease and flourished
in other countries long ago. It is
well that it has been discovered that
it js not caused from eating corn
meal so that we may go on enjoying
our corn hoe cake.
Speaking about the broom. brigade
I noticed somewhere the other day
that the broom trust was going t0
put ,up the price of broonis about
double the present prices and I would
suggest the idea take hold of _New
berry at once so as .to save this ad
ditionoal expens.e. This increase in
the price of brooms may be caused by
the work of the civic associations'
increasing the demand. I mean the
cleaning up idea take hold of us.
The Pullman cars are running by
Newberry again. I hope they will
be sufficiently patronized to keep
them on. I hope to get off on a trip
some time soon and I want to take a
Puliman at Newberry so I woni't have
to ebange-ecars.
The Idler.
LAUNDRY TO BE OPENED.
Messrs. Young and Stebbins Buy
White Star Laundry-Will Be
gin Work First November.
Mr. Jno. A. Young and Mr. W. HI.
Stebbins, of Columbia, . have bought
the White Star laundry of Newber
ry, and will reopen it by the first of
November.
Mr. Young is proprietor of the
Capital City laundry of Columbia and
does probably the largest laundry
business of any establishment in this
State. Mr. Young has been in the
laundry business for twenty years
and has been very successful.
Mr. Stebbins will locate in New
berry and will be personal director
of the White Star laundry, and Mr.
Young, himself, expects to be in
Newberry very frequently.
It is the purpose of the White Star
laundry to arrange for a fiat rate fer
family laundry, and will make a fiat
rate wchich will be in the reach of .the
housekeepers. It will also inaugurate
a towel supply service furnishing a
clean towel every morning and soap
to offices for one dollar per month.
Arrangements have been made ,by
which Mr. Fred. J. Russell will have
charge of the delivery wagon.
Mr. Young is not a 'stranger mi
Newberry, having visited here fre
quently and being a member of' the
Newberry Elks lodge, has many
- '- I i mAaintaneeCs hereC.