The herald and news. (Newberry S.C.) 1903-1937, March 03, 1911, Page FIVE, Image 5

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XTRACT WITH ATLANTA FIRM. te Terms Under Which Dispensary; Commission Employed Attorney to Ferret Out the Graft. The State, 1st. The communication from the dis pensary commission to Gov. Blease was printed in the State yesterday. Sent with that communication were exhibits which have interest to all the people of the State. These are the contracts for services of attorneys. The contract with Anderson, Felder, Rountree & Wilson is concisel-v ex pressed in the following vetter of Jan uary 9, 1908, to the attorney generalI 4-rom Col. T. B. Felder of that firm: "There seems to be some possible ambiguity about our contract entered into with the State dispensary co mission on May 9, 1907, as to the com pensation we a*e to receive for our services. "This ambiguity has been suggested by one of my partners, who is inter ested in the contract. I explained to him that there was no ambiguity as the meaning of the same was fully discussed between you, the attorney for the commission an?. e me'ubers thereof, at the time of bie execution of the same and we !agred that the contract meant as follows: "That we were to receive 10 per cent. of whatever reductions may be obtained on the accounts now open and amountng to about $700,000. Af ter taking off this salvage, the ap parent amount due each creditor is to be held subject to such salvage or set-off as may be had by reason of overcharges on accounts heretofore t paid by the South Carolina dispensary officials, and on this salvage we are to be paid 50 per cent. by the State dispensary commission. "Kindly see the chairman of the board and confirm our understanding of,-the contract." \ The Indorsement. The following indorsement is made upon the above letter: "The within statement is the con- I tract es to compensation to be paid 1 Anderson, Felder, Rountree & Wilson and we think is fairly expressed in the written contract referred to." This is signed by J. Fraser Lyon,! attorney general; W. F. Stevenson, attorney for commission; Avery Pat 'ton, commissioner; W. J. Murray, John McSween, C. K. Henderson. In other words, the contract is thus illustrated: If the John Smith Distill ing com.pany had a claim against the State of $50,000 and the Atlanta at torneys, by their own efforts, could sho.w $20,000 graft on this claim, the commissions of the Atlanta lawyers -would be $2,000. However, before the remaining $30,000 should be paid to the whiskey house sShould it be de termined that prior to the sale of the goods in the invoices for the specific $50,000 there had been graft, the At lanta lawyers were to get 50 per cent. out of what par.t of the $30,000 the liquor house should 'be made to dis gorge. - The Contract The entire contract of May, 1907, is as follows: "State of Georgia--County of Fulton. "The following memorandum of agreement by and between Anderson, Felder, Rountree & Wilson of the * county of Fulton and State of Geor gia, 'parties of the first part, and the State dispensary commission, being the commission constituted for wind ing up the affairs of the late' State Qdispensary of South Carolina, parties of the second part, witnesseth that: "Whereas, under the operations of th' -State disp'ensary of the State of South Carolina, said State, through thi. parties of the second part, claims that divers and sundry distillers, jobbers and wholesalers of liquors, wines, beers, etc., have, by their course, of dealing, become indebted to t> 'State of South carolina in very large sums; and ,- "Whereas, it is the desire of the parties of the second part to recover and turn into the treasury of the SState of South Carolina the sums so unjustly withheld f,rom said State. "The said parties of the second part hereby employ and retain the parties of the ffnst part as associate attorneys withi J. Fraser Lyon, attorney general 'of the State of South Carolina, and W. F. Stevenson, attorney for the par ties of the second part. "The said parties of .the second part, in the prosecution of all claims, shall act in cooperation with the said at tor:ney general and the said attorney of this co,mmrission and not indenend ent of them, and in case of disagree mernt between them, said disagree ment shall be finally and definitely settled by said parties of the second part. The Agreement. "The said parties of the first part are to he compensated for their ser vices as follows: "e;r. Said distillers, brewers, job b.erg sw!' wholesalers of liquor claim I - ~outh Carolina is now indebted to them in the sum of,: $700,000 or other large sums as shown:. by the books of the State of South Carolina, and no part of said sums are to be paid for 90 days unless on the recommendation of the parties of the first part and the counsel of said commission. If all or any part of said indebtedness is saved to the State of South Carolina .by the efforts of the parties of the first part, then the said parties of the second part obligate themselves to pay to the parties of the first part a commission upon said alvage amounting to the sum of 101 per cent. thereof. It is und-erstood, 'iowever, that there has been -already leductions procured and overcharges iscovered, a list of which is to be! urnished at once to the parties of thel Irst part if desired, on which sums )f course, the 10 per cent. is not pay ible, those sums having been saved 3y the efforts of the commission. "2nd. On all other sums that may be *ecovered by reason of compromised ettlements, suits or otherwise, the parties of the second part hereby! ;gree to pay to the parties of the first >art the sum of 50 per cent. thereof. rhe said sums when paid shall be in: 'ull settlement and compensation of LIl claims of the parties of the first art for fees or compensation against ither thd parties of the second part r <the State of South Carolina. The said parties of the first part in their 1egotiations or prosecution of suits in ehalf of the parties of the second art or of the State of South Carolina, tre hereby clothed with full power, ;ubject alone to the approval of the tttorney general of said State; to offer o any of the parties involved, immu iity from prosecution upon such terms Lnd conditions as in their judgment, nay be deemed to the best interest of he parties hereto and to the State of outh Carolina. "3rd. This contract may be termi iated by the parties of the second part m 30 days' notice in writing to the )arties of the first part, but shall in' i event be terminated until the ex >iration of 90 days from the date of his contract and shall not, of course, tffect the right of the parties of thel irst part for their compensation for Ich salvage as has been recoveredi md such deductions from account as iave been procured by the efforts of aid parties of the first part. ' The Expenses. "4th. The expenses, fees, charges nd all moneys in any way 'expended n the proecution of said work, shall >e borne by the parties of the first1 art and no claim for any of the same hal.l at any time be made upon this yommission or the State of South )arolina. "5th. The parties of the first part hall turn over a statement of the ~vidence of the violation of the scrim nal laws of the State by any parties ~onnected with transactions involving ;he management of the State ,dispen ~ary in any way, whether officials, em >loyes, or private persons, to the at -orney general of the State of South arolina, and the names of the wit ess and the dates of the violations, is nearly as may be, and procure the. appearance of the witnesses if practi able at some point within the State >f South Carolina 'at which they can e bound over to appear and testify n case the attorney general deems. it ecessary to have their testimony in my proceedings or propositions that nay be institu.ted.\ "In witness whereof the parties of :he firts part have affixed their hands nd seals 'and the State dispensary ~ommission has procured its signature1 o be affixed thereto by its chairman, W. . Murray, this 9th day of May, [907." I This contract is signed by T. B. Felder for Anderson, Felder, Foun :ree & Wilson; by W. J. Murray. for the dispensary commission and the witnesses were J. F. Westbrook and W. F. Stevenson. * * * * * * * * * * * * * * WILT DISEASE. *< Clemson Extension Work-Arti- * 1 c1e 33. \ * * * * * * * * * * * * * * * **< The disease known throughout cen-< aJ anid eastern South Carolina as 'black root" or "wilt" is gettin-g to be I' wied-sr.ad. A few years ago wilt( yn:ly occ. ired in certain small areas l in Marion, Sumter, and Marlboro ounties. Now it is found in every ounty east of Colambia and seems < o be n aking its way gr. Aally into< the Piedmont section. It is estimated 1 that wilt caused over a million dol ars loss in this State last season. The fungus which causes wilt is primarily a soil organism. Land once< infested it remains pj indefinitely.1 rhis makes the disease hard to con-I trol. Rotation can not be relied upon and fu~ iicies are useless. The only1 means we have then of controlling 1 these diseases is by the use of wilt'< resistam, varieties. Mr. Orton and ~ Gilbert of the United States de-j LOW CU AND 0 1911 Styles 72 pairs Patent Colt, Oxford, something ne 7 1-4, at ------ 36 pairs Ladies Blaci dies, sizes 2 to 7 1-4, N at the pair - - - 24 pairs Ladies Crav uew heel, and a regula the pair - - - - 36 pairs Patent Kid NEW, special the paii 36 pairs. Patent Kid the pair - - - - - 10 doz. or 120 pairs I or Oxfords, sold elseN $2.00, at special the pa Men's High ( At $5.00, $4.50, $4.0( down, in fact any pi this week. SEE US] E. L. BAILWE0 P. S.---On account o decided to hold our re Tuesday night, March 6i eftfa.gricultuire at Washing omr have originated two varieties' c tton and one of cowpeas which ar most immune to wilt. These varie ies are also very resistant to th >ot-knot disease which is frequent1 ond associated with Wilt. These rE stant varieties have proven of ei rmus value to farmiers in the wil afested districts. By the use of thes any farms w.hich had to be abar oned on account of the Wilt diseas tave 'Deen restored to their forme productiveness. The troub$le about the wilt resistar arieti es, though, is that they will nc etain their wilt resistant propertie definitely and under all conditione : has been found for instance tha ~hen suc~h varieties are grown unde ~rdinary farm practices f6ir three c our years, they degenerate to sue: a extent that they become prac,ical r worthless from a wilt resistar andpoin*t. On the other hand wh.er ufficient care is exercised these vs ities -retain their wilt resistant prc ~erties indefinitely. A recent surve f th.e wilt infested sections of th ~tate .shows that the majority of pec e who are pilanting wilt resistar !arieties of cotton and .cowpea.s ar aking absolutely no precautions t :eep -the varieties pure. Under suc niditions the resistant varieties hav ;one back to such an extent tha oany farmers are beginning to WOE en whether there is such a thing -a variety which is -free from wilt. In order to correet this trouble an it te same time improve the qualit Lnd productiveness of some of th vilt resistant varieties of cotton an ~owpeas, .the 'South Carolina experj nent station in conjunction with th Jnited States department of agricul ure is planning to cooperate with umber of farmers in the wilt infesi d sections of the State in the prc [uction of high grade seed of the re istant varieties. In this cooperativ york, the plan is to furnish a s'ma] [uantity of pure bred, highly improv i seed to one or more farmers i ach county where wilt is cauisin rouble. One man under the directio: Ef the division of cotton and truc: [iseases of the busreau of plant indus ry and the botany division of th outh Carolina experiment statio i devote his entire time to study g tis problem and to heipinig thes o3perative breeders in selecting an reeding their cotton and cowpeas fo iit resistan ce. Thesed, cooperativ ireeders will be given an official cei licate of inspection at the end c be season setting forth the characte t seed produced. They wil'l tben se uch seed to their neighbors who er ,, ffer.n o.se frm the wilt dis T SHOES XFORDS ow on Sale 5 button, 16 hole Ladies w, sizes 2 1-4 to $0 : Suede Two-Strap San ridth B and C., $ 0 anette Street Pumps, the r $4.00 value, at one hole tie, $250 Gibson Tie, at 250 adies Patent Two-Strap vhere for $1.50 to r - - - 98c rade Oxfords , $3.50, $3.00, $2.50 and ice you want, expected OR SHOES. jE HIV 5, Frcprietor delayed freight we have milar Friday Night Sale on Li. BAILES. eases at a reasonable price. Trhis it fseems is the most practical way tc produce high grade seed whichi are .known to be wilt resistant. -- H. W. Barre, , Botanist S. C. Experiment Station. - Running a Newspaper. George Ade says about every other fellow you meet thinks he could run 'a good hotel, rand we have come tc the conclusion that about every onle ryou meet could run a fine newspaper, remarks Eugene LUHote, the genial t editor and publisher of the Milford t (Ill.)- Herald, editorially in a 'recent Iissue of that bright and interesting paper. Men will take the liberty tc ttell you how to run a paper, asserts rULHote, when they couldn't think of rhinting to the merchant how to con duct his store or tell 'the- preacher -what to preach. They ,pay good money tfor schoo:s and don't know whether eJohnny is learning the 'rule of three or 'how to hold a cigarette gracefully, but when it comes to the newspaper, Ssizzling cats, there's Where they all eget off. During the past week a friend wanted to know why we didn't try tand run a paper a little more along the lines of how Christ would' run a 0paper. We don't know just how thai would 'be. In the first place if Christ efwas back on earth we don't believe the would go into the newspaper busi ness at all, and if he did we are sure a he wouldn't come to Milford to do it. If our friend had w.anted it more on a religious plane we could tell him y frankly that 'it wouldn't pay. There e is not an editor or a preacher that could -tell the truth for thirty daye -and stay in the community in which they live. If our friend doubts this .let 'him try telling the absolute truth a for just one week and see where he -lights. We never were much to "soft -soap" or "blarney" anyone; in fact -our bluntness and honesty of speech has cost 'us many friend. Tell the 1 truth! We aren't going to do it, yet -we believe there would be a better i understanding with humanity, many times, if people had the courage to do i .it. A Kansas editor announced he would try for one week and he is sti-ll - in the hospital. He didn't get .g.ast the first day. The following item ap 1 peared in Monday's issue and now the - boys are getting out the paper. This is what he said: ''Married, Miss Sylvia i. Rhode to JTames Cannaham, last Sun r day evening at the Baptist church. The bride was an ordinary town girl -who don't know any more than a rab f bit about cooking and never helped r her mother three days in her life. She 1 is not a beauty by any means and has e a gait like a duck. The groom is an u-clate loafer, has been living ff CAR LI U BROOD Will Arrive This We would ca to the public tc and brood mare miss this oppor wish to buy. C and see our shoi The Sum Stock I SPECIAL SA 10:00 to1 . 75 cts., 60< "DIXIE" GA will go for 5C "Buy from us and Si Anderson I *Auctic ,Salter's 1\ Saturday at YOUR LA *to get Victor a ing Machines your own pr China, Croci Brass Band C Under Cr' eold folks all :hi~s life, and do uot to shucks nohow. They v ae a hard life while they live: geher." EXPERIENCE TRADE MiARKS COPYRIGHTS &C. tios trcty cnideti.H ANDB00K on Patenti Scit tif w itOtcag,in ta DAD OF LS LND MARES in Newberry Week. 11 special attention this car of mules s. You should not itunity should you ome to Newberry ving before buying. ner-Wise Company LE SAUTfRDAY :00 O'clock cts. and 40 ets. * LYANIZE TUIBS Ic,, 40c. and.30c.i WE the DIFFERENCE." Oc. .Company )nSale lerchandise .... 10'clock P. M. ST CHANCE mnd Edison Talk and Records at A ice. .Also .Fine cery, etc., and a omplete. otweliHotel n't NOTICE OF' FIN~AL SETTLEKENT, .. ill Notice is tiereby given that the un to- dersigned will make a final settlement on the personal estate of Charles L. Williams in 'the Probate Court for* Newberry County on the 16th day of March, A. D. 1911, at 10 o'clock a. m. Sand immediately thereafter apply for a disicharge. All persons holding claims against said estate will pres ent same, uly attested, to thre under signed on or before said date. C. P. Williams, Administrator of Charles -L. Williams.4 2-14-4t-1taw -HICH TER S PILLS THE DAMONDBRAN~D. .... xes, seae with Ble Ribbon. V - IAIND BRA ND FILL8, for m ' years kno-en as Best.,Safest,Always Rellati S5lD BY D)RUO(GISTS EVERYWHW