Historical Newspapers of South Carolina

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0. CHARTER RErUSED. c Session of Supreme Court in Decision That the Act is Uuconstitutional. umbia, November 27.-The Car na, Clinchfield and Ohio railway 1 not be chartered under the do tication Aet of 1909. After sev hours' debate, the judiciary of State(. which. includes the su me court justicess and the circuit , tonight declared the act un titutional by refusing the writ of damus. Thus is ended the legal e that began during the p.ast mer, when Attorney General Lyoa e his opinion that the aet was in olation of the. constituton, and the Chartei wis refused by Seeertdry 6f State McCown and this action is now upheld by the court en bane. The~ opinion declaring the act nn constitutional is by Justice Engene B. Gary. and is concurred in by Jus tices D. E. Hydrick, who writes a separate opinion, and C. A. Woods, and Circuit Judge Ernest Gary, J. C. Klugh. Geo. W. Gage, C. G. Dantzler, Jno. S. Wilson, J. W. Devore and R. C. Watts. The dissenting opinion by Chief Justice Ira B. Jones is con eurred in by Circuit Juidges Geo. E. P;ince, R. W. Mem minger, who writes a separate opinion, Robert Aldrich and S W. G. S-14pp. This shows . that ten of the judiciary were for the re fusal of the man4ain-' 6'na five were for the granting of the charter., The supreme court was divided, one for the dharter'anid three against the railroad's side. Judge Ernest Gary wrote: "I con .eur in this (the main) opinion and also in the separate opinon by Jus tiee Hydriek." Justice Hydrick makes a sweeping statement in concluding his separate concurring opinion, saying: "In view of which I take of the proper mean ing and construction of the constitu tion the case of the Southern railway vs. Tompkins, was erroneously de eiided, and should be overruled, as was clearly pointed out by Judge .Watts in his concurring opinion 1n Wilson vs. Ry-., 64 S. C., 169- ' Mr. Hydrick stresses the question of re - moval of causes and points out tha! the main object of the framers of the coastitutional -section. was to place fofreign corporations upon the sami ~footing with domestic corporations. State Not To Lose C., 0. & 0. Colnmbia, Nov. 28.-Although th< Supreme Court lias ruled the Act una der which the Carblina, Clinehfiek and Ohio Railway was seeking eharter in this State unconstitutional South Carolina will not lose the road The officials of the road have made no definite statement as .to whal cours&.they will pursue, yet it come! from an anthoritative source that th< eomany will' accept the decision o~ thre~ Court most cheerfully and wil ry to fird some means by which then may enter .the State and meet al 'requirements of the law. -"The Carolina, Clinehfield an< Ohio Railway," said Mr. Jame: Byrne, one of the leading' ato'rney for the road to-day, "had--no 'desir ecept to become a domestic corpor .ation for the purpose of operating rogh line under -one management The ourthas decided that the Ae of 1909 'does not provide a constitu tional way. The Clinehfield Railwa: will accept this' decision as cheerful lv as possible, and will endeavor ti ind some other way by- consolidatio] or otherwise under. the laws, abou the constitutionality of- vihich iio on will have any doubt. I assume tha joint rates will be put in force be tween t:he. South and Wost.?ineR,ail ay of Sputh, Carolina and the. Car olia, Clinchhaeld and iOhio." Which Did It? A minister in his walk saw a stone maason who was trying to break large .stone with what seemed a ver, small hammer. "You never can d it " said the. minister. "Sure, siu that's all yon. know about breakin ~ons," replied Paddy, as he . ha~ ~ered away industriously. Aft-e hundreds of these .peekings ther came a slight crack. A few more an the great stone fell apart. 'Now," asked the Irishman 4would your honor tell me whic * one of these blows it was that brok t:.he stone?" "Why, the last one, t *be sure," said the minister. "..her you're wrong, sir," was the repl: "'It was the first blow, and the ias blow and all the middle ones, sir." SSelected. Sale of Personal Property. I will sell, on Tuesday, Novemb< 30. beginning at 10 A. M., at the la1 residence of Jas. S. McCarley,the fo owing personal property: 5 mules. 1 mare. 12 hogs. 25 sheep. See 0. Don't put off buy it is too late. I h your kitchen to P * SUITS &The house beautiful is made up of and one of the most important of dining room. Your dining roo1 needs your special care in selection. can you find s)> wide a r inge of s price within your means as at our you seen our dining room set at $51.50 . I!...DRESSERS WHAT EXPERTS S About our furnitu e is what eve In design it is the mos elegan and style it is faultless and novel, and in durability and finish it is unsurpa are high qualities) but the facts' Ident. I-have a nice shipmer come and look them ov 2 wagons. 2 buggies. 1 mower. .. Ij disc harrow. Cor.n,fodder, hay .peas, Cook's cotton seed, and all farming imple mits. Terms of sale:-Casha. - Inez McCarley. Nov., 13, 1909: MUSIC. Mrs. Alice Robertson Teacher of Piano. Voice and -Harmony. eIStudio 1218 MWain St. Open Moncday -Octo3ner 4. Monday, Tuesday, Thursday, Frida.. Saturday Phone 263. SNOTICE TO OVERSEERS. All overseers of public roads in Newberry County are hereby ordered tto give their respective sections the -full six days' work, as required by law, by December first next. Over seers and road hands liable to do road duty failing to comply with this or der, when reported to this office, will :rbe prosecuted. All overseers are also eordered to file their returns with Seither of the undersigned by Dec. By order of the County Board. L. L. Feagle, C'ounty Suipervisor. H. C. Holloway, Clerk. M. B. E ing that Suit and ave a complete st arlor--and remerr This is our Gel It contains 80 coi many parts, these is tfie n furniture No whiere election at a - tore. Have We have a bea ranging in Orice : AY y one says. artistic; in conveelce, ssed. These This No. 8, 20 ie self evi - one of the larges for only - t 'f Neat and Up-to-date er. it is a pleasure for 'a - TRESPASS NOTICE.t The undersigned hereby forbid b trespassinig upon' their lan.ds either E by hunting, fishing, or in any other p manner. This also applies to stoek running at laige.p Mrs. W. F. Ruff, a Mrs-. John F. Banks, 1] J. W: Lominiek, o G. H. Sligh, p. R. C. Sligh,.s P. R. Haliman, .a W. F. Koon. Mrs. Anna Shealy-. a , H. H.TRuff. STATE OF SOUTH CAROLINA, County of Ntwberry. e . Court of Common Pleas. e Louisa Dominiek, et. al., Plaintiffs, Against Willie Dominick, et. el., Defendants. I n compliance with an order of the Court herein, I will sell to* the highest bidder ,bef ore the Court. House at Newberry, S. C., Monday, Salesday, December 6th,. 1909, dur ing the legal hours of sale, all that I tract of land lying and being situate S in Newerry County, State of South t Carolina, containing thirty-three and 1 three-fourths (33 3-4) acres, more or S less, bounded by lands of H. L. Dom inick, J. B. Dominick, "and Marion 1 S. Dominick, the same being a part t of te tract of one hundred and ten; c Iacres purchased by Henry P. Domi-: t nick from George H. Taylor, as ev idenced by deed dated 7th day of; March, 1887, and recorded in the ...str .f.o. N.ewberry County in I pting for Stove or Range and Oc ock of everything to iber that my prices arl ebratedGold Medal Springs. Is of te rerd wire. Pfice tiful line of Mattresses t from - - -t 4 inch oven, with forty. pieces of a t and best stoves ever sold $2. Rockers bought, and upon ti to show our goods and we wo ed Book No. 17, at page 50, the iirty-three and three-f our4hs acres ing The part of said tract# of which enry P. Dominiek died seized andt > s essed. ' Terms of Sale: One-third of the n-eha1se "money to be paid in cash, Qd the balance in twop equal annual istallmeits, with interest from day- AL 4 E ale at the rate cof eight per cent. er annum, the credit portion to be cured by a. bond of the purebaser nd a mortgage of the premises sold,'T !ith leave to the -purchaser to pay [I his bid in cash. - The purchaser to pay for papers d rcording of same. Mortgage to p'rovide for a ten per W mnt. attorney's fee in ease o,f fore- --- Losure or collection ,by an attorney. H. H. Rikara, .UG Master for N. C., S. C. Nov 9, 1909. VALUABLE STOCK FOR SALE. The undersigned executors of Mrs. ,ou A. .C. Wicker will sell, at public ale, on salesday in December, 1909, e following stocks, of which the aid Mrs. Lou A. C. Wicker died eized and possessed: 10 shares in the Newberry Co:ton ills, 10 shares in the Mollohon Cot on Mills, 5 shares in the Commer--j al Bank of Newberry, 30 shares in be Farmers' Oil Mill. C J. H. Wicker, W. J. Wicker. Executors of the Estate of Mrs. - A. Ce Wicker. Furni Id Piece of Furni furnish your ho y made to suit yc BABY CAR, Folding GoCarts $30.00 MAC' Here is the great< ever offered. ABSOI 15 Aretino TalkingMl $5G cash trade and a < are, $1.50, this paymentt 50 and,,cage charge. eir arrival will be glac uld be glad to have you LeTelephoi SSIGNME 10095 ON IIAND ARE Pay What We MUST HAVE I ods Must be Con into Cash. ur Money Will DC Service Here T1 Anywhere Else KLETT! or Loss is Your Lure ture until use from )U. RIAGES. %st proposition LUTELY FREE achine free:wth :ash payment of o cover express I to have you call. 1e No.1I49. /ain Street. NT! ASSIGiNED Owe. IONEY! verted >Better VER. Gain.