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