The herald and news. (Newberry S.C.) 1903-1937, March 01, 1910, Page THREE, Image 3
WHISKEY HOUSES
FAIL TO COLECT
MONEY FOR CLAIMS PAID TO
DISPENSARY COMMISSION.
County Board Turns Over Amount
Due to State from the Various
Liquor Firms.
The State.
Claims of whiskey houses against
the Charleston county dispensary
board, amounting to over $20,000,
shave been held.up and paid to the
dispensary commission to satisfy the
overjudgments against these firms
which were found by the commission
in NoVember. The claims paid to the
commission are as follows: Lanahan
& Son, $15,629.26; Gallagher & Bur
ton, $3,617.50; Garrett & Co., $487.36;
Cook & Bernheim, $733.
This announcement was made yes
t6ay -by Attorney General Lyon
who r4turned from Charleston to
gether-with Avery Patton, a member
-Zthe eonimission. The action was
taken as a result of the act passed
ith' Ta it session of the legislatfule
providig for-the ftiier wi'ding-up
ot the affairs of thi old State dispen
eary. The cheek for the $20,000 .was
turned over to Mr. Patton by the
Charleston county dispensary board
At a. recent meeting of the com
mission, it was decided to hold up
the amounts due by county dispen
saries to liquor houses against which
there were judgments on acount of
overcharges. Lanahan & Sons had
had a calim of' $6,000 against the
State. This was wiped out and the
commission found that Lanahan &
Son actually owed the State of
S6uth Carlina $29,000. on "over
chargies" since 1902.
Lanahan & Son had offered to pay
the State 50 per cent. of the $24,000,
and this action of the commission
does not set aside the proposed com
promise, and the matter is yet in
the courts.
Richland Funds Demanded.
The Richland county dispensary
board has been ordered by the com
mission to pay the sum of $4,963.13
to the commission. This is due to
The,Carolina Glass company by Rich
land county. This action was taken
yesterday and several other firnis
are affected as is shown by- the fol
lowng orders issued by the co;nmis
saon:
"Under and by virtue of an act of
the legislature, approved February
23, 1910, conferring upon the State
dispensary commission authority to
collect all moneys due to persons,
firms, or corporations dealing with
county dispensaries of said State
where findings have been made ~by
this commission against such per
sons, firms or corporations anid by
virtue of a resolution this day adopt
ed, I hereby demand that you pay
over to me in accordance with the
termns of said resolu4ion the sum of
$4;963.13 which is due by you to the
Carolina Glass company."
A Similar Order.
'A similar order -was sent to the
Richland boarl demanding' the sum
.f $1,133.79 which the board owes
Gallagher & Burton, of Philadelphia,
represented by J. S. Farnum at one
time; also $1,783.56 dne by Garrett
& Co., and $5,271.30 due by William
Lanahan & Son. The order is signed1
by Avery Patton, 'chairman pro tem;
John MeSween and A. N. Wood.
'The commission directed the Doir
elester county commission to pay
over to John T. Barbee & Co. $409.42
as that concern had made final set-:
tlement~ with the State dispensagy.
The flowing order, was issued:
"On the 17th'day of November,
1909, the State idispensary commis
sion made a finding in the matter
of the State against John T. Barbee
& Co. According to the said finding,
the said John T. Barbee & Co. is in
debted to the State in the sum of
$409.42. Heretofore W. B. West,
dispensary auditor, -notified you to
hold up all moneys due .by your dis
pensary to the said John T. Barbee
& Co. By virtue of act of the gen
eral assembly of the State of South
Carolina, approved February 23,
1910, conferring upon the commission
authority ,t collect from the seviral
county dispensaries and the officers
therff, directing the county dis
pensary beards to pay over to said
comision such sums as they had
retofore found to be due the
ate, the commission at .regular
called meeting unanimously adop
da resolution, a certified copy of
which is enclosed, directing me as
chairman pro tern of the said corn
mission, to collect said sums so due.
I therefore direct that you turn over
Sto me forthwith the'sum found to If
1as aforesaid, to wit, $409.42.''
.he following was received yes
terdlay from the Charleston corres
pondent of the State:
"The chek fop-the 420,000 was
drawn by the Charleston count
board aud the money paid to At:tor
-ney General Lyon, although there
was a question in the minds of the
local board as to whether this could
be done, on account of the board
having been enjoined not to pay out
the money in question. Arthur Lynah
would .not say to-day that the money
had been paid and it was finally left
for the chairman, Maj. Benjamin
Rutledge, to admit that he had
signed the heck as a member and
the 'money must have been, paid.'
"'There appears, however, not to
have been a-ny contest betweeni the
State and county boards as to the
paynient of the Moifey. It was only
a question as to how far the local
board might proceed without a vio
lation of the injunction, wfiich was
placed upon it some months ago, not
to pay the -claims of certain liquor
houses against which the State board
had judgments. There were six of
these claims, it is understood, and of
the number two were settled recently
leaving only the four which were in
dispute. The county board had the
money for these claims se; aside in
bank and now, under the ruling of
the State board, which is probably
acceptable to the court, the adjust
ment of the whole matter has been
satisfactorily mode.'
The Law on the Subject.
Following is an extract from the
law, recently passed by the legisla
ture, giving authority for getting
hold of the money in this way:
County Dispensary Money.
"See. 6. In any and all cases
where the State dispensary commis
sion, has heretofore found any
'amount due the-State by any person,
firm, or corporation on account of
dealings with the State dispensary,
the several coiinty' dispensary boards
now existing, and- all boards and oth
er officer or officers in charge of any
money due any such person, firm or
corporation on account of dealings
with any and all county dispensaries
heretofore existing, shall, upon de
mand, pay to the State dispensary
commission a sufficient amount, or
so much thereof as may be on hand,
to cover the amount so found to be
due the State.
"See. 7. The State dispensary
commission is hereby empowered to
.pass all orders and judgments and
do any and all things necessary to
carry out the purposes of this act;
and all judgments rendered by them
for any claim due the State shall be
a lien on the property of the judg
ment debtor situated within this
State, and a transcript of said judg
ment shall be filed in the oillece of
the clerk of court of common pleas
in eachi county where any property
of sucih judgment debtor is situated.
''See. 8. In all cases where any
conflict may arise between the pro
visions of this act and any other
act or acts of the general assembly
acerning or regulating any of the
matters covered ,by this act, the pro
visions of this act shall control.
a''Sec. 9. In all casey. pending be
fore the said State dispensary com
ission, upon any claim or. claims
against any person or persons, or
any corporation or ~corporations,
owning any real estate in any county
in this State, the said commission
shall file ^in the offle of the clerk
of court in each county where sueb~
real estate. is situated a notice of
the pendency of such cases, and the
said 'notice so filed shall be full no
tie to all persons whomsoever
laiming any title to or lien upon
such real estate acquired subsequent
to the filing thereof, and the debt
found by said commission to be due
the State shall have priority over the
claims of all creditors, except credi
tors secured by mortgage or judg
ment entered and recorded prior to
the filing of such notice, and the said
real estate, in the hands of any per
so'n or yersons whomsoever, shall be
liable for the payment~ of snech debt
so found to be ,due the State.''
The Lash of a F'iend
woul& have been, about as welcome
to A. Cooper, of Oswego, N. Y., as
a merciless lung-racking cough that
defied all remedies for years. ''It
'was most troublesome at night,'' he
writes, ''nothing helped me till I
used Dr. King's New Discovery
w~hich cured sie completely. I never
cough at night . now.'' Millions
know its matchless merit for stub
born colds, obstinate coughs, sore
lungs, lagrippe, asthma, hemorrhage,
roup, whooping cough, or hay fever.
It relieves quickly and never fails to
satisfy. A trisal .*nvinces. 50c.,
$1.00. Trial bottle f.ree. It's pos
itively guaranteed. by W. E. Pelham
& Son.
LYN HAVEN bay Oysters on thc
shell. All meats and game of the
season served on short notice.
Jones' Restaurant.
V
Some of the Broilers in Thee Time,
Opera House 1r.iday, March 4, 1
OFrIC.RS' SALAIES.
Several Increases by Act Fixing Sal
aries of Officers for Newberry
County.
The Act fixing the _alaries of the
county officers for Newberry county is
published below. As stated in a for
mer issue of The Herald and, Ne7ns,
there is an increase of $100 each in
ithe treasurer's and auditor's offices,
of $50 in the coroner's salary, and of
$50 in the salary of the clerk and at
torney of the board of county comm*s
sioners. 4
The salaries of the county commis
sioners were increased by the legis
lature of 1909 from $75 to $100 each.
The Act is as follows:
The'Act.
Section 1. 'Be it enacted by the
General Assembly of the State of
South Carolina, That the law with
reference to and fixing the amount
of compensation, and salaries to be
paid to County Officers shall remain
as now provided, to wit:
Newberry County.-Sheriff, four
teen hundred dollars annually;
Clerk of Court two hundred and
seventy4-five dollars annually; -Coun
ty Commissioners one hundred -dol
lars each, annually; and the County
Board of Commissioners shall elect
an Attorney, who shall also be their
Clerk, at -a salary of four hundred
dollar sa:nPaly; County Superin
tendent of Education, nine hundred
dollars annually; Co,unty Supervisor,
one thousand dollars, annually;
Coroner,- three hundred dollars an
nually. All of .the salaries herein
provided for shall be paid monthly.
Constables shall receive for summon
There i
to aF(
than Ai
The mere
.materials to o
sis requires
knowledge.
of a fertilizer
source from
plant food is
Each -ing
. Royster good
with a view o
the plant froi
until harvest.
is not overfi
*time and sta
other. w
years experiet
every bag.
UTRADEI
15
Sold by reliable de
thle S
*F. S. Royste:
* . NORFOJ
.~4 . .. ..
The Place and The Girl, At the
910. Prices: 50c, 75c, $1, $1.50
ing jurors and witnesses for Coro
her at inquests, 4he sum of two dol
lars, to be paid by the county. Road
inspectors, two dollars per day each,
not to exceed ten days; the County
Treasurer shall be allowed a Clerk
at an annual salary of one hu-ndred
dollars. The County Auditor shall be
allowed one hundred ddllars annual
ly for clerical help.
Approved the 24th day of Febru
ary, A. D. 1910.
STATE OF SOUTH CAROLINA,
County 6f Newberry. -
Court of Common Pleas.
Hayes & Whittaktur, Plaintiffs,
Against
Mrs. M. L. Werber, Difendant.
By virtue of an exeenAion to me
directed -in the above case, and by
virtue of other executions against
the above named Mrs. M. L. Werber,
I have levied on &nd will sell on the
7th of March, 1910, the same. being
salesday, between, the legal hours of
sale. in front .of the court house, for
said county, State aforesaid, the life
estate of the defendant, the said
Mrs. M. L. Werber, in one thousand
and fifty acres of land, more or less,
situated in said county and State and
bounded as follows: by lands be
longing to the estate of R. L. Schum
pert, deceased, lands of J, J. Sehum
pert, land- of estate of I. H. Boul
ware, deceased, and others, \levied
on as the property for life of the
Ssaid defendant, Mrs. M. L. Werber.
Terms of Sale: Cash. Purehaler
to pay for papers.
M. M. Buford,
Sheriff N. C.
,SherifE's Office, Feb. 7, 1910.
2-8-St.
[s more
rilizer
ialyses.
mixng of
tain analy
no speciaI
['he value
lies in the
which the
obtained.
redient i n
s is selected
f supplying
n sproutimg
The plant
ed at one
rved at an
~nt y-f iv e
ce goes with
ERED
alers throughout
uth.
r Guano Co.
.T, VA.
_ '14
0~ -WP
HE new Rambler, becaus
motion, reserve p9wer, a
fords to the busy- manm:pl
healthful recreation Ath fami
of-the day. For satisfactory op
traffic, on boulevard, or country
because of the offset crank-shg
or sixty miles an hour, on high ;
with gratifying ease.
The Spare Wheel obviat
straight-line drive, big wheels.a
panding clutch the. new.Ramb
efficieng and better than any
comfort.
Rambler automobiles,
Newberry M(
Newberry,
t is Our Duty
To Get the
* You can always find
+ of Fancy ad Staple
0
+ as Flour,Meal,Q&
+ Bacon, lamns, lard,
*and a fdiline
*DID YOUl SN
* You Have Only to Try
0
* We have a nice assi
0
$ i Olives, Chow Chow,
Salid Dressing a
YOU CAN AL
0EVERYTIfNIIi
hONES'6?
STATE OF SOUTH CAROLINA,
County of Newberry. J
Court of Common Pleas. . e
Elizabeth' M. Blair and Marion M. o
Frazier, surviving partners of the la
firm of Blair, Frazier & Comnpany, t
Plainitiffs,
Against
L. M. Blair, as adnulinistrator of J. C
Wmn. Blair, deaceased, Louise E. ib
Blair, Esther Valeria 'Blair,' An- -~b
drew F. Blair, Bertha May Blair,'
Jas. W.' Blair and Franoes Olivia
Blair, Defendants. -
By virtue of an order of the court f
herein, I will seLl before the ceourt p
house door in Newberry, S. C., to the tl
highest bidder, on Salesday in March, a
1910, within the legal hours of sale, f
all that certain pieee, parcel or tract p
of land lying and being situate onp
Broad River, in said state and coun
ty, containing two 'hund.ied acres,
more or less, and known asth
'p
OA1
of its quiet ease Of
ad lignity of eomfort,
aing. relaxa,tion.,asd
dr friends at theend
eration in.crowded.city
road the new Rambler,
ft, is capable of three
peed, climbing any hi
s. tire trouble. With -
nd. tres, and new.ev
er is sup'Abr to all1'a
n quality, qience, an
180to $2,500
tOT- Co.
ITEAT! I
a1 * 0 0 00*
*
to Ourselves
Very Best
a Complete line
Groceries, such *
its, Rice, Sugar, *
Yegeta1les, Etc.,e
f Canned Goods.
*
e Brands WeCarry
irhn9nt of Piclkles e
Ctsup, Mustard,
yices of ilkind*
*
WAYS FIND
R0CR 0
Ayph River Place," bounded on
e north 'by Iand' of Thomas Adams, /~
st by Broad River, soothi by lands
Lawenee M. Blair and west by
Lfds of Mrs. Frank 'Smith; this
'aet not impluding the island of
menty :.1res; ,iit being the samne iralet
land conveyed to Blair, Frazier &
. by Johin.K. Eagsdale under snd
deed.At?ed tlhe 8th day of Decem--1
er, 1906.
'erms of 'Sale: One third :cash,
e balance in t2wo equal,)*taImen1ts
om the day of sale, 4ith interest
om day of sale at the rate df sve
er cent. per annum, to be secured by
e bondaf the purchaser and a.
Lortgage of the premises sold, or
r all eash at the option of the
?chaser. Purchaser to pay for pa1
ers and for recording same.
E. E. Rikard,
Master.
Master's O0fee, Newberry, S. C.