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BIG CASE DECIDED. Supreme Court Passes on Carolinall Glass Case-Enabling Act Is Un constitutional Columbia Record, 18th. Vitally important in its bearing upon t the settlement of the affairs of the de funct South Carolina State dispensary t is the decision of the supreme court,!E filed Thursday afternoon, upon the is sues between the commission to wind up the dispensary and the Carolina Glass company, of Columbia. Investigations made by the commis sion, subsequent to the filing by the glass company of a claim against the I dispensary, amounting to $23,013.75, I for bottles and demijohns furnished C by it to the dispensary, resulted in the rendition by the commission of a judgment upon the matter, in which collusion against the State between the glass company and the directors of the dispensary was alleged, and a counter-claim for alleged overchargs was set up amounting to $51,432.99. C Deducting the debt of the dispensary I to the glass company, there was left I a balance of $28,419.24, alleged by the commission to be due the State by the glass company. What Commission Did. In the effort to realize upon this large judgment, the winding-up com mission impounded all moneys in th3 Iands . of the county dispensaries I which were then due by the dispen- I saries to the glass company for sup plies furnished. Furthermore, early in this year, subsequent to the ren dition of the judgment mentioned, the general assembly passed an act in tc-nded to empower the dispensary,1 commission to seize under lien any property, real or of other descriyption, belonging to the glass company or other concerns in like case, and hold it as security, in order to compel pay ment of the commission's judgments. The Effect of the Decision. The decision filed Thursday, written by Mr. Associate Justice Hydrick, and consisting of 14 typed pages of legal cap, has this effect: The judgment of the commission, as ] to the just amount of the glass com pany claim against the State, is af 1Irmed. Act UnconstitutionaL '. But the act of 1910 is held to be uanconstitutional, insofar as it attempts to confer jud-icial powers upon the commission, and to create a lien upon the glass company's property. The act of 1910 is held to be consti tutional, insofar as it turns over to the commission moneys held by coun-I ty dispensaries for the credit of the glass companY. The findings of the commission are held to control only in its determina tion of the non-liability of the State 1 upon the glass company's claim. They1 bave n'ot the force or effect of a judg ~ent, concluding the glass company in any other proceeding-such, for in-1 stance, as the State might institute inf the proper court to recover the amount found by the commission to be - -due it by the company. The supreme court's ruli.ng thath actof 910isunconstitutional at the -important respects is bsdupon thei tact that the act, as relied on in this ease, is retroactive, and as such re pugnant to America practice. The eourt does not go into the questions whether the act would have been con -stitutional if it had been passed prior to the commission's judgment, rather A than subc~1~uent to the rendition of' that judgment. History of the Case. When the dispensary winding-up 'commnision, which was created after the investigations of the Lyon-Chris tensen probing committee had result *ed in the death of the dispensary, be gan to examine into tnie affairs of the i institution, it called upon creditors of the dispensary to present their claims for adjudication. The Carolina Glass company presented a claim for $23, '013.75, as the balance due it for bot tles and demijohns furnished to the ~dispensary. Upon the filing of this claim, the commission went into an .. investigation of all the past dealings of the glass company with the dis pensary. After hearing a great deal of tes,timony and argument thereon,4 the commission rendered, November 17, 1909, its decision. This decision was that, in pursu ance of a conspiracy between some of the directors of the dispensary and ( some of the officers or agents of 'the glass company, to defraud the State and destroy legitimnate competition, the glass company had a monopoly of the business of furnishing glass to the dispensary, from the date of its en tering the field, in 1902, until April j1906; and that the prices paid it for glass during that period exceeded the fair value of the goods by $51,432.99.I Therefore, allowing the company's claim of $23,013.75, the commission< found that the glass company was in debted to the State in the sum of $28, - 419.24. Anpea1 From Decision. From that decision this appeal was; wro With the anDeal was comn >f the seizure of the company's prop-s ,rty under lien. This seizure was nade by the commission in conse luence of .the passange, subsequent to he rendition of its judgment against! lass company, of an act, approved Tebruary 23 of this year, giving to he commission the right to impoundlU unds held by county dispensaries to he credit of claimants against the state, and giving the right, further, to: eize the real estate and other proper y of such claimants in order to en orce collection of counter-judgments y the commission. Both cases were eard together. It was conceded by the glass com )any that the jurisdiction of the su reme court was limited to a review >f alleged errors of law. The evidence :overed 650 printed pages. The Decision. The judgment of the court is, in )rief, "that the decision of the com nission upon the plaintiff's claim Lgainst the State be affirmed, and that he defendants (the members of the ommission) be enjoined from assert ng or claiming any lien upon the >aintiff's property, under or by virtue >f notice filed in the office of the :lerk of court for Richland county; Lnd that the said notice be cancelled >f record." (The notice referred to was a for nal warning that the real and otherl )roperty of the Carolina Glass com >any was held under lien by the dis Yensary commission.) The Innocent Exonerated. "In this connection," says the opin on at one point, "it may not be out >f place to say that we do not agree vith appellant's counsel that the find ng by the commission of a conspiracy o defraud the State is an impeach nent of the charactIr for' honesty Lnd integrity of every stockholder, di ector and ofracer of the company. ,orporations, like individuals, are )ound by the acts of their agents vithin the scope of their authority, ven those fraudulently done; and while the legal consequences of such Lcts must be visited upon the princi )als, it by no means follows that the rincipals can justly be charged with ,ilty participation In -them. It Is but air to say that there is not a particle >f testimony tending to show that ome of the stockholders, directors tnd officers of the company had any nowledge of the transactions which 'el under the condemnation of the ~omnission." As to Prices. The court does not find the point! ell sustained, which the glass corn- ~ any presented, that it was incompe- C: ent for the commission to hear testi- ICe nony indicating whether the glass n :om.oy sold goods to the dispensary S Lt higher prices than it charged other d ustomers. The glass company saidM hat these lower priecs were made in n he case of remnants, or against se- s rere competition. The court holds that tr etimony as to all this was admissi- ol le, because it had a direct bearing on M\ he question w'hether the conspiracy lleged actually existed. ei NOTICE OF FINAL SETTLEMENT. di The undersigned will make final C ettlement of the personal estate of I. J. Stuck, deceased, in the Probate ei ourt for Newerry County, Southa arolina, on the 18th day of Novem- di er, 1910, at 11 o'clock a. in., and will ol mmediately thereafter apply for herN ischarge as administratrix of said! ~sta:te. All persons gaving claimsn against said estate not heretofore fil-- a 4 will file the same immediately ci vith Eugene S. Blease, attorney at 0o aw, Newberry, S. C. 01 Willie E. Stuck, Qualfed Admiinistratrix, d~ ci The Demon of the Ai.r s the germ of LaGrippe, that, breath d in, brings suffering to thousands tv ts after effects are weakness, ner rousness, lack of appetite, energy l Lnd ambition, with disordered liver tnd kidneys. The greatest need then N s Electric Bixters, the splendid tonic, lood purifier and regulator of Stom- s tch, Liver and Kidneys. Thousands iave proved that they wonderfully ~trengthen the nerves, build up the le ystem and restore health and good 7,' pirits after an attack of Grip. If ;uffering, try them. Only 50c. Per 'ect satisfaction guaranteed by W. E~. - 'elham. TATE OF SOUTH CAROLINA, se COUNTY OF NEWBERRY. a Court of Common Pleas. w V. A. Dunn and S. M. Duncan, as ad- th ministrators 'of the personal estate p of Thaddeus Duncan, deceased, si Plaintiffs. mn Against q rames C. Duncan, Ella I. Boyd, and fe the National Bank of Newberry, ti Newberry, S. C., Defendants. a By an order of the Court herein, I Pi v'ill sell to the highest bidder before e he Court House at Newberry, S. C., W vithin the legal hours of sale, on Mon lay, salesday, December 5, 1910, the d ollowing six parcels or tracts of land 'hi ing and being situate in Township hi o. 4, County of Newberry, State of pl south Carolina, containing in the sc vhole tract one thousand six hundred ly atyseven and three-fourth (1.687 IMPROVEO CUSHION SHO r"S IS AbftT SHOE The famous Soles make w Made of best fortable last. at low prices Ward S Thee Keep th~ omer, on the east by lands of : rlisle, Nancy Duckett and Mrs. e Setzler, on the south by lar B. Aull and esta:te of Lewis I ~ceased, and on the west by lar rs. John 'I. Sloan and C. H. 8 )n, which tract has been divided ven tracts, and this sale is acts from one to six, inclusive, which are now on file wtih aster.. Tract No. 1, containing two hun ghty-one and 4-100, (281 4 res, more or less, bounded by n creek, lands of Nancy Duc a'rlton Cromer and Tract No. Tract No. 2, containing two hun ghty-tree and 27-100 (283 27 res, more or less, bounded by n creek, Tract No. 1, land of e Lewis Boyd, deceased, and '] Tract No. 3, containing one hun nety-seven and 44-100 (197 44 res, more or less, bounded by II eek, Tr.a.ct No. 2, lands of the e Lewis Boyd, deceased, and 1 Mrs. Sloan.. Tract No. 4, containing one ed eighteen and 84-100 (118 84 res, more or less, bounded by It aek, lands of Mrs. Sloan and( iannon and Tract No. 5. Tract No. 5, containing one hun tenty-four and 18-100 (124 18. res, more or less. bound1ed by E ys creek and Indian creek and '] Tract No. 6, containing two hun venty-eight and 90-100, (278 90 res, more or less, bounded by E y creek, the home tract, or Trac and lands of C. H. Shannon. Terms of sale: The purchase y one-third of the purchase prit sh, the balance payable in one o e1 al annual installments, t cured by the bond of the purci: d a mortgage of the premises th interest from the day of sa e rate of eight per cent per an: yable annually, until the a all have been paid, the bond ortgage to contain a stipulatior iing ten per cent as attorr es in the event of enforced cc n; the purchaser to pay for pa d for recording, with leave tc iichaser to pay the whole bi .sh or to anticipate payment ole or in part. The purchaser of each tract posit with the Master as soon s bid is accepted the sum of indred dollars, to be credited 0r Lrchase, and upon his failure t the land shall be resold immed and upon the same terms. H. H. Rikard ra ES xm lei24 GROfIGI cus"-: VIOUSIF~ 0S 16&T COMFORT AND Combined Dr. Reed's Cushion dking light and easy. Vici Kid on real com A high quality shoe 4.00 -Chapman hoe Men. Quality Up. SCtgars, Tobacco, Cigaret d of Wholesale and Retail. ~oyd, FRESH BREAD ALL THE TIM! d of an- Wall Paper and Old Pap into cheap. for For Up-toaDate Laun< >lats the Work call on drM ANNE 0. RUFF & C 12 Phone 84 2 lierald and News I kett, ' Columbia, Newberry & Laurens R dred Schedule in effect October 6, 1 100) Sub.iect to change without not In- schedules indicated are not guai tate teed: ract A. C. L. 52. 5 Lv. Charleston.. ...610am 10.0( dred iLv. Sumter.. .. .... 9.41am 6.2( 100) jC., N. & L. dian ,Lv. Columbia.... ..p.15am 4.5! tate Lv. Prosperity. .12.42pm 3.3 ads 'Lv. Newberry..'.. .12.6pm 3.2( Lv. Clinton.... .... 1.0pm 2.3! bun.. Lv. Laurens.. ..... 2.35pm 2.15 100) C. & W. C. - dian Ar. Greenville. . .. 4.00pm 12.2( . H. Ar. Spartanburg. .. 4.05pm 12.2( S. A. L. dred Ar. Abbeville .. .. 3.55pm 1.05 100) Ar. Greenwood.. .. 3.27pm 1.35 ead- Ar. Athens.... .... 6.5pm 10.34 'ract Ar. Atlanta...... .. 8.45pm 8.0( A. C.L. 54. 5! dred Lv. Columbia.... .. 5.0pm 11.1! 100) Lv. Prosperity... .. 6.26pm 9.5( ead- Lv. Newberrg.. .... 6.44pm 9.3% No. Lv. Clinton.... .... 7.35pm 8.44 Lv. Laurens.. .. ...7.55pm 8.2( to C. &W. C. a in Ar. Greenville.. ... 9.2pm 7.0( and -S. A. L. : be Ar. Greenwood.. .. 2.28am 2.35 ~aer Ar. Abbeville.... .. 2.56am 2.01 sold, Ar. Athens.. .... .. 5.04am 11.55 e at Ar. Atlanta.. ......7.5am 9.52 um, Nos. 52 and 53 arrive and dai ~hole jfrom Union Station, Columbia, da and 1and run through between Charles re-land Greenville. eys Nos. 54 and 55 arrive and dei llec- Gervais street, Columbia, daily, pers cept Sunday, and run through the tween Columbia and Greenville. Iin For information ask agents or wr in W. J. Craig, P. T. M., Wilmington, N. ( hall . F. Livingston, S. A., as Columbia, S. C. one -~ the HICH ESTER S PILL > do rTI i DIMOND BRAD D ul Sea Every Artcile Priced Trade. Take Advi Purchase Your Fal You WILL The Short Cotton C ward. We force AL OUR FALL were bought before of going North. ) market value and I Quality. The first chaser. This is YC Come! We need owe. A cordial gre When You're I Candy Hungrj no other candies taste sc good as Nunnally's. Pure, cleanly made, and delicious to the utmosi degree, these candies are famous throughout the South. Erl es Ca&dies are the very high est grade money can buy. They're shipped to us eralmost daily by fast express Hence, always fresh. Ir. GILDER & WEEKS, I Newberry, S. C. " I Am Glad" ite.s Mibry Ethel Newlin, of ibetyCenter, Ind., a'' that I began to take Car-. dui, for it has cured me, and I will never forget it 113 "I cannot praise Cardui Stoo highly for what it did for me. Before I began to take it, I was very pm bad color, suffered great ppain and weighed only PP[ 105 pounds. Now I have a good color, do not suffer and weigh 1,.5 lbs." pTake aIThe Woman's Tonic Beware of strong, nox ou,mineral drugs, that sikinto your system, ahlike lead to the bottom of ama basin of water.. am Cardui is purely vege table and contains no poisonous minerals, or dangerous drugs. am It is perfectly safe and haarmless, for use by old pand young, and may be taken, as a tonic, for iamonths, without any possi ble harmful effect Try it. 'WHY DO THE BOT LEAVE THE FARM? Make home attractive with a good pia othinthisso conducive as good mue and nothing will inspire your boys and gi more to cherish home and invite their you friends to share their joy s than music. We have the SWEETEST TONED PIA3 8AND ORGANS MADE, and at low pr-iCeS a on easy terms. Write us at once for estaiog sad for spec terms. MALONE'S MAUS!C HOUSE son Prices Way Down to Stimulate the intage of Our Low Prices 1 and Winter Goods Now SAVE Money rop will force prices Sky prices DOWNWARD. AND WINTER GOODS other merchants dreamed Ve bought below present Vothing but the BEST In choice to the early pur IUR opportunity. money to pay what we eting to all. ettner Srne One rWILL GET A $375.00 Pino FREE. You stand as good a chance as any one else. AU that's necessary is to buy your gre ceries at 1305 WILSON'S Mi*St AOne coupon given with Seach dollar cash purchase. Besides getting the very best groceries at the very lowest prices, you get this coupon absolutely FERE. Frist Patent Flour, sack 70c 20 lbs. Rice $1:00 7 lbs. good Coffee $1.00 10 lbs. best Keg Soda 25c 'W.0.WISON'S,i 1305 Main Street. READY MONEY often puts opportunity within your each. A chance for a good invest ment comes sooner or later arnd if you have- the money the pro fi syours; if not, the other fel owgets it. Open an account with this bank and save systematically, you will then have the READY - MONEY when opportunity comes your way. We offer you ABSOLUTE SAFETY for your savings, and will allow interest credited quar terly. R OF POMARIA, Z. T. PINNE, V. L SMTH, President Caslier. - R. H. HIPP, Vice-President N(OTICE TO OVERSEERS. no All overseers of roads who have not ;already had their respective sections worked the full six days, as requiret g by law, will have the same done before December 1, 1910, and make their re ros turns to this office. d By order of the Board of County al Commissioners. clI. C holowy, L. L. Feagle, Clr.County Superreor. c. H ..loa