Historical Newspapers of South Carolina

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STATE BOARD WAS ENJOINED BY JUDGE TEMPORARY RESTRAINING ORDER SIGNED BY JUDGE WILSON. Publishing Company Alleges Thai Contract Was Given Rival Con cern Without Cause. Judge John S. Wilson on Monday signed a temporary injunction agains the State board of education restrain ing the introduction of the readers of the D. C. Heath Publishing company. The order was served on the governor Tuesday. The State board of education is called on to make reply on October 2 in court of common pleas. Mr. R. H. Welch is counsel for the B. F. John son Publishing company, which is the complainant in the action. The order is as follows: State of South Carozna, Richland County: Court of Common Pleas. The B. F. Johnson Publishing Com pany, petitioner. Cole L. Blease, governor of South Carolina and ex officio chairman; J. E. Swearingen, superintendent of educa tion and ex-officio secretary; D. W. Daniel, A. J. Thackston, J. L. Glenn, A. G. Rembert, H. F. Rice, Nathan Toms and D. M. O'Driscoll, constitut ing the State board of education of South Carolina, respondents. Rule to show cause. Upon reading the verified petition herein and upon motion of R. H. Welch, attorney for the petitioner, it is ordered: That the respondents above named do sh'ow cause, if any they have, be fore the court of common plea., for Richland county on the 2d day of Oc tober, or as soon thereafter as coun el can be heard, why relief prayed for should not be granted. That in the meantime, and until the further order of the court, the re spondents as the State board of edu cation of South Carolina be and are hereby enjoined and restrained from permitting, authorizing or allowing the introduction of the readers of the D. C. Heath company, mentioned in 'petition herein into the free public * schools of this State for the use of the school children therein. .Let a copy of this order be forth with served upon the said -board 'by serving tha samue upon the chairman Sthereof. John-S. Wilson, Presiding Judge Fifth Judicial Circuit. The Comi4aint. The B. F. Johnson Publishig coon pany complains that the State board -of education, on April' 11, 1911, ga'e notice to publishers that the board would meet in Columbia on Saturday, June'17, for the adoption of a uniform series of text books, and sealed bids were advertised for to be opened only at a meeting of the board in regular session- that no,agent or publisher -shall~ appear before the ~oard except upon invitation of board; that the pe tioner filed, as directed, with the sec retary its bid. . That June 17 all bids were rejected ~on account of the exchange provision of the contract and the board, follow ing objections from publishers, called -the publishers in and notified them of *a change in the form of contract; new bids were asked for to be in - at 5 o'clock on the same day. The B. F. Johnson Publishing comi pany continues by saying that their * bid was filed at the time required and that their bid was accepted for third fourth and fifth reades. That subse quei the board sent-to'the company a contract to execute covering the award; that the board undertook to force the company to interpret a para graph relating to the amount of ex change allowance in case a book of a lower grade should be offered in ex change for a book of a higher grade; that the board's interpretation was wrong and unheard of in the text book business, and violative of every correct principle of the text book ex change. The complaint continues that be cause of such an interpretation the board refused to execute the contract which had been awaraed to the John son company and attempted to adopt another set of readers and entered in to a contract with the D. C. Heath company for supplying the same to the free. schools of the State. BILL SUBER CAPTURED. The Slayer of James r. Bouknight in * Fairfield Jail-Tenls His Side of Story.. N~ews and Courier, 26th. Wrinnsboro, Sept. 25.-Bill Suber, the negro who shot and fatally wound ed James, P. Bouknight, a white black smith, at Blairs last Saturday morn fag was brought to WinnsborO Sunday night in an autoniobile by Sheriff Hood and lodged in jail. The negro was captured through the vigilance of the sheriff, who followed him on this side, of Broad river, and after crossing the river on the Newberry side Saturday night, continued the hunt, and finally located him in a body of woods on Capt. Hill's plantation. The Prisoner's Recital. The story of the killing, as related by the Prisoner, ana which is cor borated by the other negroes who were present at the time, and who are the oily eye-witInesses to the difficulty, is substantially as follows: That he, with a few other negroes, was in the backsmith shop of James Douknight Saturday morning, Playing cards with the latter, and after -he game had been in progress fcr a -few hours. Bouknight lost his whole "stake'' and quit the game, leaving the shop. Suber said! he next saw Bouknight at the door of the shop, with a pistol in each hand, calling to each of them to hold up their hands or he would shoot, and just as he (Suber) was complying with the order, or before he could put his hands up, Bouknight commenced firing at him. Four of the shots st. -ck him, and he then pulled his pistol from his pocket, while he was on his knees, and while the white man was still shooting, and fired twice. Both shots took effect, one striking the calf of the leg and the other wound, from', which Bouknight died, after lingering for an hoir, was received in thei abdomen. - Didn't Witness Shooting. Mr. Blair, who is the constable of Magistrate John D. Blair, and who was requested by James Bouk.night t as sist him in effecting the arrest of sev eral negroes who were gambling in his shop, stated that before he arrived at the rear door of the building, where he intended to go in order to prevent'l the negroes from running out of thatl exit, he heard the firing. -He ran on to the front of the shop, and saw Bouknight crawling out on his knees, and Bill Suber standing in a corner, with a smoking pistol in his hands. At once he saw that Bouknight was des perately wounded, and while attend ing him the negroes ran out df the door and escaped. The white man died a short time a{f ter being shot, and only made the statement that he had been shot by Bill Suber. Search Finally Rewarded. IThe news, was received here Satur day at the dinner hour, and immed iately Sheriff Hood completed arrange ments for an automobile to convey him and his blood hounds *to the scene1 [of the homicide. Arriving there it1 was learned that the.negro had cross ed Broad -river at Lyles Ford, and was in Ne berry county. A delay, was en countered at the ferry, but towards night he succeeded in going across, and together with the deputy sheriff' of Newherry and a number of con stabjes and guards from the State pea, itentiary, the hunt was started The chase was given up after sevteral hours of fruitless search by everyone except Sheriff Hood, who pressed~ on through the night, and was rewarded for his exertion Sunday at midday, the fugi tive being found in a large body of woods on Capt. Hill's plantation,' on the Newberry side of the river. .Story From Monticello. Moniticello, Sept. 25.-The pistol duel between the negro, Bill Suber, of~ Newberry county, and a white black smith, James Bouknight, of B\airs, and which resulted in the death of the white man shortly after the alterca tion, and the 'arrest of the negro by Sheriff Hood, of Fairfield, last night at his mother's home, has been a ted ious, vigilant chase. Both sheriffs of Newberry and Fairfield with a posse, with dogssfrom Columbia, were on the hunt. A large crowd was at Blairs Satur-' day, as is usual, and iit is supposed there were a number of witnesses, but for some reason they are inclined to tell very little about the shooting. It is alleged that Bouknight began* the fusillade. There were seven or eight shots exchanged in ten feet of the participants. Bouknight apprised Constable Blair that negroes were gambling in George Williams's black smith shop, and said they ought to be arrested. The constable requestekd his assistance, and stopped to procure pis tol cartridges. Bouknight rushed on without the regular constable and the battle ibegan, and was over before Blair reached the shop and the negro had fled. It is also alleged that Bouknight had been playing cards with Suber, and had lost, and it was to even uip with the negro that he wanted him ar rested. The negro, Suber, has a bad! Ireputation for shooting--is considered a dangerous antagonist Several years ago he shot Williams, the owner of the shop in which he killed Bouknight.I Now is the time to subscribe to The -SPARTANBURG STREET CAR STRIKE AMICABLY SETTLED Old Men Taken Back to Work as In dividuals-Compromise Brings Normal Conditions. Spartanburg, Sept. 6.-The street car strike is, settled. General Man ager Knox of the street railway com pany has agreed to take back the, striking men as individuals, but he does not recognize the union, and this compromise has been agreed to. He does not object to any of the men be longing to the union, but will not force the others to join if they do not wish to do so. There are seven cars running to day, and in a few\days the full line will be in operation. The total num ber of men involved is 28, and of this number six did not strike. Mr. Knox today notified these six that their pay was increased. None of the old men have as yet resumed work but will' do so. There is no disorder whatever and conditions are normal. GOOD GROUND FOR DIVORCE. Husband Dislikes Rising, so Wife Gets Decree. Kansas City, Mo., Sept. 21.-If a husband will not per.mit his wife to kiss him, then she is entitled to a di vorce, decided Judge Walter A. Powell in the circuit c6urt at Independence, Mo., near here, yesterday, in the case of Mrs. Mary Lyle Willis against Ar chie C. Willis. "When I would attempt to fondle and kiss him he would call me silly and tell me to go away," the woman; testified. Judge Powell immediately granted her a decree. APPEAL IN CHESTNUT CASE. Sayer of W. R. Sabin to Ctrry His Case Before Supreme Court. 'Orangeburg, Sept. 23.-Solicitor Hildebrand has been notified by the attorneys of R. Chestnut, who was convicted of manslaughter at the last term of court, and sentenced to fifteen years' imprisonment for the killing of W. R. Sabin, that an appeal will :be taken from the judgment in the case. The defendant is allowed thirty days in which to perfect his appeal,-and the case will be- passed upon by the su prem court in December. Grounds Carolina fDAILY BE' Charleston, S. C., SOUTHERN iN CONNECI Cincinnati, New Orleans 2 SA High lass, Modern, - conSISti Combined Baggage and Smoki Pullman Drawing Room Observation Car, and All Electrical Offering the Following 4 Lv. 9.00 a. m....CHARLESTi Lv. 9.38 a. m..SUMMERVI A.r. 12.50 p. m...COLUMBIA Lv. 1,00 p. m...COLUMBIA Lv. 4.15 p. m..-..SPARTANB Lv. 6.35 p. m......HENDERSO A.r. 7.34 p. nm......ASHEVILLI Lv. 6.50 p. m. -...ASHEVILL1 Lv. 11.35 p. m.......KNOXVILL Lv. 7.10 a. m.......LEXINGTO: Ar. 10.00 a. m.....-..CINCIN1 Immediate connection at Le vlle and St. Louis, andat Cint St. Louis, Indianapolis, Detroi For detailed information, all on nearest Ticket 'Agent, J. L MEEK, A.G.P.A., WV. E. McGEE. Atanta, Ga. Charlestot E. H.00OAPMAN, Y.P.&G.M., S. H. HAR Wahnon, Dn C. Washui "It Co It Had B This is a common expre. porters, Telegraph Operators ai those "built-to-order" qualities the ideal writing machine. Y< the same when you have owner of ROY) STANDAF TYPEWRIT] Simple, Light Runni Strong, Standard Ki Quiet, Visible Writ Portable, Heavy Mani Royal sales are increasing more other typewri EVERY ROYAL ROY) Royal Typewriter Buildinj A BRAr f appeal are not disclosed in'the no -ce. Saluda Snapshots. Batesburg Advocate, 22nd. Mr. and Mrs. Luther Blease, of Whitmire, Newberry county, spent reveral days in this community last ieek. Messrs. Jesse and James Mack and Bennie Roton went to Chappells last aturday on business. Mr. J. J. Carson made a trip to -1appells yesterday on business. Mr. W. P. Sheppard and son, of Prosperity, were over on this side last ek visiting relatives and friends. We are always glad to see Will,, for ecount him one of our' best friends. Mr. Luther Smith went to Chappells )Friday. Mr. Irvin Chapman was seen in appells last Saturday. Special dCincinnati, 0 RAILWAY, 3N WITH' d Texas Pacific Rwy.' olid Vestibule Train gof gCar, First Class Coaches,~ leeping Car, Pullnian ining Car Service, ry Lighted. onvenient Schedules: NLE ...A. 8.05 p. m. .. . .Lv. 4.45 p.nm. ..... Ar. 4.35 p. m. RG........ Ar. 1.40 p. m. VILLE.... Ar. 11.20 a. m. S(E. T.)....-... Lv. 10.25 a. m. (C. T.)._..-. Ar. 9.15 a. m E..Ar. 4.45 a. m. .. .. . ....Ar. 9.00 p. m. LT ...-... Lv. 6.30 p. m. xington for and from Louis mnati for and from Chicago, ,Toledo, Columbus, etc. Pullman reservation, etc.. address DP.A., FRANK L JENKINS, T.P.A. L,S. C. Augusta. Ga. DWICK, P.TM., H. F. GARY, C.P., uld Not Suit Me Bet een Built to Order f sion where the Royal Standard Typ ad Expert Stenographers in alr lines that- mark )u will say becone the 1L D ER ng Right Priced, %yboard, Guaranteed, er, Reliable, folder, "On the Job" rapidly than the sales of any ter, because SOLD HELPS TO S iL TYPEWRITER ICH IN EACH PRINCIPAL Ladies' H S My new *has just ar1 you are in iie will pay you t4 dow. I have shqpes.: Mayes' B *THE HOUISE OF A Round Trip FE VI Southern From Newb ilantic City, N. J., and returi Account American Electric Rai 1911. Tickets,on sale October 4, returning October 18, 1911. Knoxville, Tenn., and return.. Account Appalachian Exposition, Tickets sold September 9 to Octc limit returning not later than tent: of sale. Summer excursion tickets on sale eturning October 31, 1911I, to many 'The Southern Railway offers super ?ullman sleeping cars and dining car For detailed information; call on ! J. L.MEEK, A. G.P. A., FR Atlanta, Ga. ter If or Me." ewriter is used. Court Re of business find in the Royal PRICE WITH TABULATOR $75.00V. WITHOUT TABULATOR $65.00 ELL ANOTHER CO.' New York, N. . CITY. and Bag ' ,H 6ge tock of bags 'ved, and if ed of abaq it )see my Wmn all the new cok StQre; ~Curion Fares Railway erry, S. C. __... ..__$22.45 way Association, October 9-13, 5, 6 and 7, 1911, with final limit ........$8.35 September 11-Octoper 1, 1911. ber , 1911, inclusive, with final 1 day from, but not including date jaily until September 3oth, good other points. b service and convenient schedules. service on all through trains. southern Railway ticket agents, or ANK L. JENKINS, T. P. A., Augusta, Ga.