Historical Newspapers of South Carolina

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"COURTS WILL DECIDE APPOINTMENTS STAND" GOV. BLEASE SATISFIED WITH STAND IN FIGHT. Nothing to be Said on His Position. Would Have Been Glad i; Maj. Kirby Had Resigned. "The matter is for the courts to de cide. I made the appointments and they stand." This statement was made yesterday by Gov. Blease when asked concern ing the injunction secured against certain of his appointees in Beaufort county. "I know the law and have made the appointments," he continued, "and it is for the supreme court to decide. I have nothing more to say." Gov. Blease said that he would have been glad if A. H. Kirby, of Spartanburg, had retired, as he had seen a long service. He also said that S. M. Wetmore and Robert Gantt, two attorneys, had been recommended to him by the spartannurg county delegation for appointment. He ap pointed Robert Gantt and J. M. Bow den. Gov. Blease said that when Maj. Kirby refused to turn over the office of magistrate that there was nothing left but to recall the com mission. The governor returned yesterday from Atlanta. where he has been at tending the Southern Commercial congress. He attended the meeting of the State board of education, as ex-officio chairman, during a greater part of the day. Gov. Blease said he had not yet de cided as to the dispensary investiga tion act. The State. Spartanburg, March 10.--"Having been appointed for two years or until my successor is appointed by and with the consent of the senate. I re gret that, under the existing circum stances, I do not feel authorized or duty bound to surrender the office of magistrate," said Maj. August H. Kir by in a letter which he wrote Gov. Cole. L. Blease yesterday in answer to the executive'st letter informing him that his commission was null and void. Set Tight in Boat. "Go ahead and perform your duties as magistrate, and pay no attention to Mr. Kirby," is the advice received from Gov. Blease by J. Malcolm Bow den, who was appointed by the gov ernor ~to succeed Maj. Kirby. Another magistrate, W. C. Harrison, of 'Readville, who was recommended for reappointment by the legislative delegation, declines to surrender his office to the governor's appointee, T. 0. Fowler. These were today's developments in the magisterial muddle in Spartan burg county. s Letter to Blease. Maj. Kirby's letter to the governor !ollows in full: "Hon. Cole. L. Blease, Governor, Co lumbia, S. C. "Dear Sir: I am in receipt of yours of the 8th inst., in which you say your successor having 'been -appointed, your commission as magistrate is hereby revoked and made null and void.' "Having been appointed for two! years or until my successor is ap pointed by and with the consent and advice of the senate, I regret that, under the existing circumstances, I .do not feel authorized or duty bound -to surrender the office as magistrate. "I was prepared to turn over to my successor the office of magistrate, had he been appointed and commissioned as the law requires, as per civil code, section 982. "You having ignored the recoin mendations of the Spartanburg coun ty delegation and the senate,I am ad vised that I should hold over as legal jnagistrate.. -"Yours respectfully, "A. H. Kirby, ,"Magistrate." Makes Formal Demand. 'Mr. Bowden wrote Gov. Blease that in compliance with the governor's in structions he had made formal de mand of Maj. Kirby, in the presence of a witness, for the books and pa pers of the magistrate's office and that Maj. Kirby had refused to give them to him. Mr. Bowden has re ceived a letter from Alexander Row land, private secretary to the gov ernor, stating: "The governor is in receipt of your letter of March 6 and directs me to advise you to go ahead and perform your duties as magistrate and pay no attention to Mr. Kirby, that the matter will be attended to at the proper time and in the proper way. "Yours very truly, "Alex. Rowland, "Private Secretary." There is considerable speculation as +o what "the proper timea nd the proper way" will be. It is said that if the governor should now attempt to remove Maj. Kirby "for cause" it would be a virtual acknowledgment that he had no autnority arbitrarily to revoke the commission as he has done. Both Do Business. It is expected that the matter will be adjudicated when the rival mag istrates present their claims for sal ary. Both are doing business, but not nearly so much as if there was no cloud on their titles of the office. The other Spartanburg magistrate, Robert J. Gantt, whose right to the office is not disputed, is being swamp i ed with business. Many litigants are fearful that decisions or judgments rendered by either of the cther two might not hold. Magistrate Harrison, of Reidville was in the city today in consultation with Maj. Kirby. He was commis sioned as magistrate in 1910 by Gov. Ansel to fill out the unexpired term of R. L. Pearson, resigned. The delegation recommended him for reappointment. Gov. Blease ig nored the recommendation and ap pointed T. 0. Fowler magistrate. Mr. Harrison has received a demand from Mr. Fowler for the official books. He has declined, however, to give up the books and is prepared to conduct all business that may arise. D. D. M'COLL DEAD. Was Confederate Soldier, Lawyer, Banker, Cotton Mill and Railroad Builder and Financier. The State. Bennettsville, March 10.-Duncan Donald McColl, president of the Bank of Marlboro, died at his home here this morning at 5 o'clock. His body will be buried Sunday morning at 11 o'clock in the McCol; cemetery. He was born on the 23rd day of Auril, 1842, in Richmond county, North Carolina, about one mile from where Hasty depot is now located. He was the son of David McColl and grandson of "Long Hught McColl, who came from Scotland and who was soldier in the War of 1812, anc on his mother's side was also a grandson of sturdy Hugh, who &lst came from Scotland about the same time. SPECIAL COURT AT FLORENCE Gov. Blease Apponts Willcox As Spec ial Judge To Hold Court at Florence. Columbia, March 12.-Disregarding the supreme court, Governor Blease announced tonight hat he had comn mis4ioned F. L. Wilcox as special judge for the term of court commenc ing in Florence tomorrow. He said that he had made the appointment upon the request of Cnlairman Clayton of the Florence County Bar associa tion, and that he had not considered the recommendation of Mr. Willcox made by the supreme court. Mr. Will cox is a well known attorney of Flor ence and was -not included in Gover nor Blease's list of "eligibles" recent ly sent to the supreme court Issue Still Undecided. The appointment of Mr. Willcox ends the fourth chapter of the contro versy betwen the governor and the supreme court, and the issue between' th two departments of the State gov ernment is no nearer a solution than on the first day, when Governor Blease sent a curt note to Chief Jus tice Jones, in which he declared that he would appoint "my friends" to places, regardless of who made the recommendation. The law requires that the governor must commission special judges upon the recommenda tion of the supreme court. Special Term for Horry. Governor Blease said tonight that he had ordered a special term ofcor for Horry county, to commence on April 3. This action. he said, was taken upon the recommendation of Solicitor Wells. This special term is the result of Governor Blease refus ing to commission a special judge, al though Chief Justice oJnes, on sever al occasions stated to him, in letters, that here were no disengaged circuit judges and recomended C. P. Quat tlebaum. OVER 65 YEARS' EXPERIENCE TRADE MARKS DEs:sNS COPYRIGHTS &C. Anyone sen1ding a sketch and description may quieky ir scertainl our opiniton free whecther a:z intventionT is prohnhiy paitenta.hle. Communica tions strictly conddential. H AIDfOOK on Patents sent free. Oldest agency for securing patents. Patents takenl thrugih Munn & Co. receive sp,ecial not ice, without charge, in the Scientific .Imtricafl. Ahandsomely illustrated weekly. Lasrgest cir enlation of any scietiti~c journal. Ternis. $3 a year: four months, $1. sold by all newsdealers. M N&CO361Broaday. Nw Yor Branch Offce 62 F StL Washingtonl. D. C. DO YOL M0 If you do you ne to supply your nee the finest lot to sel< ever been brought i we are offering th prices. We also horses in this lot. look them over. you right. Come buy your mules. The Sumi Stock C IThe Manui Any man can-go w forts before he can se a savings account. I in time of idleness, e policy against sickne for his loved ones in above alU it is his tes' self-denial, industry, independence. Lucki but little part in the industrial life. It is the man who he can and saves v wins. He wins beca fit. That is the law. ONE BIG ROU) will start you on the rc placed in our Savinigs by adding more of ti and every week you'll worry about the future WE PAY4 ______TI Newberry Sa OF NEW BE] Capital - - JA. MeINTOSH. President. J NEED ULE ed go no further ds, for we have act from that has to Newberry, and em at the right have some fine We invite you to vVe always treat to Newberry to ner-Wise )mpany. I'h Wins ithout many corn fely dispense with t is his paymaster nd his insurance ss; it is protection case of deiah, and timonial of manly forethought and :and fortune play drama of modern wrks every day vhat he can, who use he is the most ND DOLLAR >ad to success if it's SDepartment, and e same kind each have no cause to 0INTERECT IE vings Bank (R Y, S. C. . $50,000.00 J E. NORWOOD, Cashier, 9 e is a very important one, and you should .give it your best attention, it should be 'neat, and above all, sanitary. We use the best make of fixtures and our work is guar anteed. H. B. WELLS, 1113 Friend St. Telephone-Office, No. 345 Res. " 7 Nurse Says: "I know what is good for young and old peo ple," writes Mrs. Clara Dykstra, a trained nurse of South Bellingham, Wash., "and will say that I consider Cardui the best medicine for girls and women. It makes them feel like new persons, re lieves their pain and reg ulates womanly troubles. "Both my daughter and I received great benefit." CARDUI The Woman's Tonic As a medicine for fe male trouble, no medi cine you can get has the old established reputation, that Cardui has. Fifty (50) years of suc cess prove that it has stood the greatest -of all tests-the test of TIME. As a tonic for weak wo men, Cardui is the best, be-. cause it is a womnan's tonic. Pure, gentle, safe, re liable. r Cardui._ _ READY MONEY often puts opportunity within your each.. A chance for a good invest ment comes sooner or later and if you have~ the money the pro fit is yours; if not, the other fel low gets it Open an account with this bank and save systematically, you will then have the BEADY XONEY when opportunity comes your way.. We offer you ABSOLUTE SAFETY for your savings, and will allow interest credited quar terly. BANK OF POMARIA, Z. T. PINNER, V. L SMITH, President. Cashier. R. HI. IIIPP, Vice-President DON'T DELAY LONGER n oidn aour homte with a good nd your family a2 instrnient. thl nothili i o inspiring and culti at4 ie etrai .in fThichildren, nh1 year of uninterrupted success hete, ptc weare better pepared thar evr Writ 'r GNCIi for c.talogs and for our easy pay ment plan andl prices. M ALON E'S MUSIC HIOUSE, C'nU 1BIR SA. J C NOTICE OF FINAL SETTLEMENT. Notice is hereby given that the un dersigned will make final settlement as Administratrix of the estate of Mrs. K. H. Cook. deceased. in the Probate Court for Newberry County, South Carolina, on Monday, April 10, 1911, at 11 o'clock a. m., and will im mediately thereafter apply for her discharge as such administratrix. All persons indebted to said estate will make immediate settlement, and all persons having claims against said estate will file them forthwith, with Eugene S. Blease, attorney, Newberry, S. C. MARY E. EPTING, Qualified. Adminitratrix. In fighting to keep the blood pure the white corpuscles attack disease germs like -tigers. But often germs multiply so fast the little fighters are overcome. Then see pimples, boils, eczema, saltrheum and sores multiply and strength and appetite fail. This condition demands Electric Bitters to regulate stomach, liver and kidneys and to expel poisons from the blood. "They are the best blood. purifier," writes C. T. Budahn, of Tracy, Calif., "I have ever found." They make rich, red blood, strong nerves and build up your health. Try them. 50c. at Wm. E. Pelham & Son's. If I Had. Eczema.. I'd wash it away with that mild. soothing liquid, D. D. D. Trial bottle, 256. Relieves all kinds of ski, trou ble, cleansing away the impurities and clearing up the complexion as noth ing else can. Yes. If I had any kind of skin trou ble I'd use D. D. D. Gilder & Weeks, Newberry,. S. C. E. E. Chamberlain, of Clinton, Me., boldly accuses Bucklen.'s Arnica Salve of stealing-the . sting from burns or scalds-the pain from sores of all kinds-we distress from boils or piles. "It robs cuts, corns, bruises, sprains and injuries of ii. eir terror," he says, "as a healing remedy its equal don't exist." Only 25c at Win E. Pelham & Son's. STATE AND COUNTY TAXE. The time for paying State and coun ty taxes with .the penalty expires on the 15th of March. After that date executions will be placed in the hands of the sheriff, and settlement will have to be made with him. Give this your attention at once. JNO. L. EPPS, 3-7-td. Treasurer. SKIN AND SCALP TROUBLES YIELD TO~ ZrMo TEEATXTENT. A Clean Liquid Preparation for Exter nal Use. W. i.. 3ayes' Drug Store is so con fidient that ZEMO and ZEMO soap used. together will rid the skin~ or scalp of infan*t or grown person of pimples, blackheads, dranmdruff, eczema, priekly heast,. rasuhes, hives, Ivy poison or any other form of skin or se,alp eruptio, that they will give youfr m.oney beck If you are not entirely stisfled with the results obtained from the 1160 d ZEMO and the eoapi The first application will give - prompt relief and show an improve ment and in every instance where us ed persistently, will destroy the germ life, leaving the skin in a clean, heal thy condition. Sold, and guaranteed by druggists everywhere and in Newberry by W. G. May es. Let us show you proof of some re markable cures made by ZEMO and give you a 32 pa.ge booklet how to preserve the skin. NOTICE OF FINAL SETTLEXENIT. ' Notice is hereby given that I will make final settlement as guardian of . the estate of Olin B. Graham in the office of the probate court for New berry county on Wednesda'., March 29, 1911, at 11 o'clock in the forenoon, and immediately thereafter appI_y for letters dism3issory as guardian of he said minor, Olin B. Grag~am. 1 SH. S. Graham, 2.-28-4t. Guardian. Eczema Cure a Beauty Wash. Although D. D. D. Prescription been recog-nized for years as the one remedy for Eczema, Psoriasis, and all other forms of skin diseases, it is now known that there is no other wash, even those used by the beauty spe cialists, that can compare with 'this mild liquid for cleansing the skin of pimples, blackheads, rash, and all similar skin affections.1 For this reason alone, a bottle of D. D. D. should be kept on hand in every household. A trial 25c. bottls will show you the merits of this great remedy as a complexion wash. D. D. D. seems to remove the cause, whatever the trouble may be, cleans ing the skin, anal leavlag it as soft, a smooth and clear as that of a heal child. Get a 25c. bottle today and keep~ in the house. Gilder & Weekst.