Historical Newspapers of South Carolina

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VOL XLVIII NO 1- NsEWBERRY, S. 0.. FRIDAY. FEBRUARY 11. 1910 TWICE A WEEK. $1.50 A YEAR TE DEED OF THE POPE PROPERTY TO SCHOOL' CONDITIONS NDER WHI STREETS ARE OPENED. Oounci RefusW to Accept Street and Matter Has Caused Con siderable Discussion. As the result of the refusal o: city council some time ago to accep the streets contemplated to be open ed by the deed of Mrs. Y. J. Pope t the Newberry school district, con veying the portion of the Pope hom< place purchased by the board of trus tees for school purposes, there ha been a great deal of discussion as t< the effeet which this refusal od council would have, under the pro visions of the deed. The Herali and News publishes below a copy ol the deed as recorded in the office od (lerk of Court John C. Goggans. Th( deed provides that the streets are tc be opened as soon after the 15th da3 of December, 1909, as practicable and by said opening are to stand dedicated by Mrs. Pope to the us( of the public as streets, so long as they are used as public streets, and ,no longer. It would appear that under this provision the streets may be opened within a reasonable time and that they are dedicated to .the use of the public so long as they are not aban doned for use as publie streets. The deed itself goes into detail ac to the streets to be opened. Two o the streets, one bounding the school property on the north ,and the othei bonding the school pr6perty on the west, are only thirty-five feet it width. 'The others are forty feet i.U wid1, and are definitely loc,ted, with the *re4pilion of onethai leading from the street proposed tc be opened in the rear of the school building, and running north to Chap ~aa street, which is to be exaetl~ located by Mrs& Pope. - Under the terms of the deed, there poems to be no doubt that the trus Eees may open the streets and so long as they aire used as streets by the #r~blic. they do not revert-thai the streets are under control of the trastees until they are opened for use and until after being opened for use, thiey are abandoned as streets for use by the public, unless accepted by the town, in which case they would be under control of the town until ftbandoned for public use. Izn iew of the discussion 'whiob Ihe matter has caused, Mayor Blease was sked yesterday why oouncil had refused to. accept the streets. Mayor Blease said that this was a matter in which of course he had}no more voice than any othei meGeer of council, and tha*t he cou3l not. speak for concil, but that he did iiot mind giving the reasons for his ~vte. He said that, in the first place, itwo of the streets proposed to be ~gi.nn to the town were only thirty Jiv.e 'feet in width, whereas, undei sh*e .,amendment to the charter of the towxn, by the Act approved Decem ber..21., 1894, Section 15, it is provid ed tha.t ''no street hereafter opened shiall.be of less width than fort3 feet.'' In addition to that, he said the. town .now had more streets thai .it was.possible to keep up in propea condition, .with the money on han< .for that .purpose, and he thought thi ,board of. trustees, having in theii hands $40,000 fidirpholpose dition ready for service, and ther turn them over to the town, ''ani .not put them, or attempt to pai them, in the hands of the town ii their presedt shape.'' ''It wil cost the town, at the least calcula. tion, .$1,000 to put these streets il proper condition for use,'' he said "and I do not believe the trusteel should call upon .he town to pro idan additional $1,000 to carr' (out the purpose for which the $40, 000 was voted. In other words, the putting of these -treets in condition by the toiwn would practically amount to an appropriation of at least $1,-! [ 000, in additiou to the $40,000 al ready placed in the hands of the board of trustees, for carrying into effect the purpose for which the $40, 000 was voted by .the people of Newberry. "In addition to this," said Mayor I Blease, "I was absolutely bound in my vote by the amendment to the charter which prohibits the accept-' ance of a street under forty! feet in width." On the proposed street south of the lot of Mr. Fred E. Dominick there is now a sewer pipe exposed, standing several teet above the ground, and it will take i. consider able amount of money to cover this pipe, and it will iequire good engi - neering to cover it in such manner L as not to injure adjacent property holders. This is one matter, in con nection with the proposed new streets, which ought to have atten tion at the earliest possible moment. The deed under which the proper ty was conveyed, with full descrip tion of the streets and the conditions governing them, as recorded' in the. clerk of court's office, is as follows: The Deed. The State of South Carolina, County of Newberry, Know all men by these presents: That I,.Sa lie H.,F. Pope, of the county and State aforesaid, for and in consideration of the sum of tewelve thousand five hundred ($12,500.00) dollars. to me in hand paid at and ,before the sealing of these presents,I by ''T-he Newberry School Distriet," a body corporate created by an act of the general. assembly of this State entitled. "An act to establish the Newberry school distriet, to author ize the establishment of free graded schools and to provide the means forf the efficient management of the, same," approved December 23, 1889, anid acts amendatory thereof, of said. I county and State, the receipt where of is hereby acknowle lged, have .granted, bargained, sold and released, and by these presents do grant, bar gain, sell and release unto the said ''The Newberry School District," of the county and State aforesaid, all that lot of land situate, lying and be ing in the town of Newberry, in the' conty and State aforesaid, contain ing two adres and eighty-one one - hu.ndredths of an acere (2 81-100), more or less, bounided on the south- by Speers street, on the east by a street which separates it from the lands of Mrs. Kate S. R. Johinstone, wife of George Johnstone, other lands of myself, the said Sallie H. F. Pope, and which also separates it from the lands of Frederick E. Dominiek, which said street so separating -it '1 from lands of the said,Mrs. Eate S. R. Johnstone, of other lands of my-ft Iself, the said Sallie H. F. Pope, and of 'Frederick,EH Dominick, is forty (40) feet wide, and on the.aorth and west by streets thirty-five (35) feet wide, Iwhich also separate it from other lands of myself, the said Sallie H. F. Pope. TJhe streets mentioned as separating it on 'the east from lands pof Mrs. Kate S. R. Johnstone, from other lands of myself, the said Sal lie H. F. Pope, and of Frederick H.E 'Dominick, and oZL the north and west from other lands of myself, the said Sallie H. F. Pope, are not now openi ed but are to be openied as soon after the fifteenth day of December, 1909, as practicable, and by said op ,ening are to stand dedicatied by me1 tto the use of the public as streets, so Slong as they are used as. puiblic f I streets and no longer. There is also Sa street leading on the north side! Sfrom said lot of land herein and hereby conveyed, to Chapman street - forty (40) feet wide not now opened, ibut which is to be exactly located by I myself, the said Sallie H. F. Pope, and when so located is to be also topened as soon after the fifteenth Sday of December, 1909, as practica - ble, and by said opening stand dedi 'cated by me to the use of the publice ,as a street, so long as it is used as a Spublic street and no longer. And* - also one forty (40) feet wide on the r'ast lading- from the lot of lnnd erein and hereby conveyed, along the south line of the lot of Freder ick H. Dominick, through other landi )f myself, the said Sallie H. F. Pope to Adams or Colllege street, now no1 Dipened, but which is to be opened a. soon as practicable, hereafter, ahi by said opening stand dedicated by mne to the use of the public as i treet, sd long as it is gsed as a pub ic street and no longer. A plat ol he premises herein and hereby con veyed made by F. W. Higgins, 'sur veyor, dated May 31, 1909, whiel lso indicates said streets, is herett ttached. I expressly, however, reserve th( eight to remove from the lot hereir and hereby conveyed, all the build .ngs thereon except the dwelin, ouse, and all the feneing ineludi'ng he posts at any time before th( :wentieth '(20th) day of. September 909. Together with all and singular thi ights,* members, hereditaments and ippurtenances to the said premise )elonging or in anywise incident oi ippertaining. - To have and to hold, all and singa ar, the said .pren4ises before men :ioned unto the sa''d "Tie NewbeM 3ehool District,' of the County ani tate aforesaid, its successors a4d issigns forever. And I do hereby bind myself, m3 1eirs, executors and administrators ;o warrant and forever defend aIJ ind singular the said premises unt< ,he said "The Newberry Sohool Diz. riet' of the County and State afore. aid, its suecessors and assigng gainst me and my heirs and all oth! r -persons lawfully claiming, or t laim the same or any part thereof. Witness Ay hand and seal this the econd (2nd) day o(f September, i he year of our Lord one thousand Line hundred and nine, and in the >ne hundred and thirty-fourth 'yea if the sovereignty and independence if the United States of America. ,Sallie -H. F. Pope (L. S.) ;igned, -sealed and delivered in the presence of Kate S. R. Johnstone. George JohnstOne. Then follows the probate, in reg lar form, signed by George John one before I. H. Hu.t, notary pub ie ME. WICKE'S .STATEUENT. hown the k69626 Ab@o%, Member of the Board of Trustees Gives 'Out 8igned Silatement. Mr. John H. Wieker, a member of he board of trustees, who has been~ iefore city council in connection with he znat;ter, was shown the above re ort of The Herald and News, and was asked for a statement in regard hereto. .'Mr. Wicker gave The Herald and fews the following signed state ent: "Hlavfng read the above anid be. ng asked to say something asboul he said streets, I will say that .1 iave gone to a great deal of trouble rying to get the council .to accepi ;he streets, but just as often as J to before council there comes some omplaint from Col. George Johin stone as to what we shall do andc ~vhat we shall not do. So I hav.e yeen bloeked each time. Mr. Joh'a ~tone claims that Mrs. Pope has the ight to open these streets, or if shi refers, to get council to open them and that she has not asked conci ;o open them yet, nor has she re Eused to open them herself. We havt gone to our lawyer asking for his advice as to our right to open them, and as yet we have no advice. I d< aot blame the council for not accept ig them up to this time. I hay tried to get this matter straighten ed out and before the council, bu iave failed so far. "Respectfully, ". H. Wicker.'' CLOSE OF THE SESSION IS NOW DRAWING NEAR TrE APP90PRIATION BILL IS WELL UNDER WAY. A Great Deal of Work, However, Not Yet Disposed Of.-Both Houses Working rast. Columbia, Feb. 10.-Both house of the general assembly got down to work agaiu on Tuesday, and on Tuesday and yesterday a mass of legislation was put through in both houses-most of the bills bWing of only local effect, but many of them being of more general importance. As an instance of how fast the leg islative hopper sometimes grinds, 165 bills were put thrqugh secomid reading in the house on last Satur day, under the rule adopted the day b.,fore that only uncontested matters be considered on Saturday. All these bills, of course, came up for third reading in the house on Tues day, and a great umber of them received final reading. This method of railroading bills through is very dangerou3; bat there are so many local measures every session that are pressed by the various delegations, and which do not iect any other county than the'one from whieh they originate, that this rapid-*e work is necessary unless the legislature should sit indefinitely. The License BiL. Columbia, Feb. 10.-The high li cense bill is a special order in the senate for this evening at 8:15 oPclock. It was all done so quickly that perhaps, 'few senators realized that the whiskey question .was up once more in the senate, where for the past two weeks it as slumbered so serenely. But just , before the senate took a recess yesterday after noon Senator Smith, of Hampton, the author of the measure, moved 'that it be made a special order for to-morrow evening, and the motion prevailed. At the same time Senator Carlisle wished to make the prohibition bill, the house measure, a special order, and he made a motion to thaut effect. Senator Sinkler objected immediate ly, anid -in the next few momens a motion to take a recess was made 'andl carried, and the senate receded from business with the prohibition measure untouched. It rested on the calendar along with other second reading bills. .This bill is the Rich ards prohibition measure from the house. The senate proh'biaon bill Iwas killed by a vote of 22 to 18, nga.rly two- weeks as'o. Senator Smith stated yesterday morning that the high licen'se bill .would be vigorously pushed, and thMt .a candidate for governor woufd! come out on that platform. The Appropriation Bill. The house has -pssed to -third reading the appropriation bill. There were only two changes. The appro priation for aeholaiships at the IUniversity was reduced from $8,600 to $4,300, and the appropriation for th extension of school work which was increased from $20,000. to $6.0, 000. This increases the appropria Itions from $1,777,352 84 to $1,813, 052.84 and there may be further amendments. The State levy has got ,been fixed. Chairman Rucker and the members' of the committee have worked hard! on these items and the fact that there wei-e only two changes is un usual on this legislation. When the appropriation (bill came up Chairman Ruicker, who noas worked hard in urging that the various di visions of the bill be arranged in a systemaitie way, exp'lained the va~ ri.ous items. There was an increase, he said, of about $144,000, of which $70,000 was for asylum 'mprove ments, $14,000 for a new building at the State colored college r.t Orange burg to replace the one burned; $31, B. Lathan, of Little Mountain, was very ill. At this writing she ,is :nmewhat improved.. Re-.. E. Q. Crenk will address the Missionary society of Grace church on the fourth Sunday evening in this month_ THE NEWS OF PROSPERITY. Lentein Services.-Valentine Part Tonight.-Literary Sorosis. Washington's Birthday. L Prosperity, Feb. 10.-Mr. God . frey Harmon is ill with pneumonia 6 at his home in MeNairy street. Miss Gertrude Simpson spent a i few days of last week at home. . Mrs. Lizzie DeWalt has gone to Saluda to spend a month with hei L sister, Mrs. Mitchell. Miss Jane Cook, of Zion, is visit ing 'her sister, Mrs. Dominick. Miss Lillian Welch, of Newberry, has returned home from a visit to the Misses Bowers. Mr. John Pat Wise is at home from the University for a few days. A ceftain ill that flesh 'is heir to in the winter time has had a big "grippe'" on him. Grace Missionary society will ob serve the Lenten week of prayei next week. The meetings will be led by different members. The services 'will begia at 3:30 p. m.- The closing service will be held on Sunday morn ing ;at the regular preaching" hour. Everyone is invited. Don't forget the Valentine part3 at Hunter Heights on Friday even ig of this week. No admission. Re freshments gratis. Silver offering. Mr. and Mrs. A. Z.' Counts, ol Greenwood, arrived on a visit to Mr. G. S. Merchants' family Saturday. Mr. Counts returns to-day, but Mm. Counts will remain for some time. -The literary Sorosis was most de lightfully entertained by Miss Blaneh Kibler on the afternoon of the 4th inst. Interesting papers and selee tions pertaining to the years just prior 'to the Revolution were read and. enjoyed. After the literary and -business features were over the club was invited to the dining room wlere a tempting, daintily arranged lunch eon was served. As the fete of St Val entine 's was so near, the hostess' scheme was carried out with this day in mina and things and edible cordate greeted the eye everywhere. The anecdotes called for on the rec ular program were reserved for this hour. Much merriment and feast ing and pleasantry were mingled with the music which Miss Lester evoked from the piano in the adjoining room. Mrs. Wyche will be at home to the club on the afternoon of the Ieighteenth. 1Miss Sara Calmes, of Amnerieus, Ga., is spending a few' days with rel atives here. Miss .Lottie Stoudemeyer, of Cha pin, is spending a fortnight with Mrs. John Sease. Mr. Bowman Boinest, of Pomaria, visited his sister, Mrs. E. 0. Counts, this week. Mr. DeWitt Mitehell, of Saluda, was the guest of Dr. Hunter's family last 1week. Miss Dominick, of Columbia, vis. ited the Misses Harmon this week. ffhe Washington's Birthday exer cises .will 'be given for the purpose of securing the wherewith to put fixtures ins. the school library. -Thei children are .getting ready to gree you with happy songs' and readings and drills and other appropriate fea tures. Mr. Walter Wise returned We 'nesday from Columbia. T-he reading Monday evening given by the U. D. C. Was well received. The lilliputian wedding was a charm ing~ feature of the program. The score or more of promising little .tots 'arranged in appropriate, order was -close akin to the spectacular. The Ssongs were lively .and tunieful and everyone was glad to have been pres *ent. . Dr. Twitchell of the University lectured on "Volcanoes and Earth' quake.'' at the auditorium Fr'ida3 evening. He handled his subject ir a masterly way and gave his defini tions, reasons and data in a vera interesting, clear manner. The il lustrations added much by impress ing the facts upon the eyes anc e minds of the adults as well as th< . ehildre-n. If a crowded house is proof of a cordial reception and an in ritfationP to come again, we are surt that we will have this gifted mai with us again before always. We' sate last week that Mrs. J 500 for eleetions, and other items. It was decided to take up the bill paragraph by paraglaph and pam upon each one, then adopting the bill as a whole. Th4re was no diseussion until the section on the comptroller general's office was reached. Mr. Sawyer wanted to increase the appropria tion for the special investigation of books of county offiers from $1,000 to $3,000 and made a strong argin ment on the necessity for cheeking up each county on account of short, ages. The amendment was kiled, however, and the appropriation stood at $1,000. Parental Authority Bil. An unfavorable report has been made by the house committee on Sen ator Graydon's bill relative to the father deeding children, brought about by the Tillman ease. The house committee\ reported favorably on the Gasque house bill, which it thin is better. The Gasque fi% seels to amend the present law by adding to the present law, but - such deed shall be valid .unles signed by both father and - mother, if both be living. The committee amends by adding, provided tha nothing herein shall be constraed to abrogate, lessen, or interfere vith -the right and duty of a court of eompete,t jurisdictipn at any time 71 as heretofore, to transfer and assig interest. School Truastees Terms BiM Pause& Senator Earle's bill rela to ap.M' poiOtment and term of oiee of comin moo school trustees passed 1rd reading in the -senate. The, hi' which created a lengthy diseeino this morning, is as foows; '98edtion 1. That the term of o fice of thetUstees of the .n- men schools shall eease on the first d of May, 1910. On or before sai, date there shall beappointed aso provided by law. three trustees f each common school distriet, one o whom shal hold for one yearne for two years and one for threea years, and on or before the first day - of May of each year the successor to the trustees whose term expires on said date shall be appointed to serve for a term of three years." Costs for New County Kovnt It wduld appear 'that There aren erbryo several new county move ments, jndging from the debate upo the floor -of the senate yesterday morning.- Upon Senator .Harvey' bill to require new county advoetes, that is to say, the new county- pro ponents to pay the costs of the move-. ments, there arose.a storm ofdi. ussion, pro and on. The Dillon" county fight came u~p agaim i the . debate, and Senator Montgomery, in favoring the measuie, stated that debt of $10,000 had been piled up b$y the Dillonites and& Marion m stand 'hers shae of this under the~ present laiw. . After general debate, an4 probs bly under stress of the - argumn that ''he who dances miust pay th fiddler,'' the bill was -passed. Hw.,r ever, Dillon coasty would not be at' feeteid by this ket should it pas in the house. To Ohange Citd'san. Ifthe bill passed .in the sente goes through on the house' side, the South Carolina Military AcademyA will be known as ''The Citadel, the Military College of South Carolin" Contrary to expectations, and, very unusual in a bill so strongly advo eated by those whose interests it $ - mostly affects, the measure met withL orne opposition on the floor of the senate. Fellers and Morgan. ILadies and girls, fellows rand fel lows are finding that Fellers and Morgan's is a good place to trade. ee ad. (lard of Tha"la We wish to thank our many friends for the kindness shown us during the sickness and death of our dear husband and father. May the Lord's blessing rest upon each and every one. (Mrs.) Sara Rutherford and children. Feb. '7, 1910.