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YOLTUrE L, jfohbeb 46. IfEWBEBBY, south CABOLIKA, FBIDAY, JOE J. 1912. twice a week, ilm a teas. Under the Cow Governor Wi VACANCIES DECLARED MAGISTRATES' CASES I COURT SUSTAINS HIS CONTENTION ALL ALONG, SAYS GOVERNOR. In Line With Decision, He Says He Will >'ow Proceed Under Section 683, Code When asked by The Herald and News on Thursday if he had anything to say in regard to the decision of the onT\T-omo rw-uirt. in thp Snartanbursr magistrates' case, ousting all the claimants, and declaring vacancies in the contested offices (a synopsis of V this opinion of the court appearing in The Herald and News today), Governor Blease said the decision of the court sustained the contention that he "had made, and that under the decision lie would proceed, under Section 683 of the new Code of Laws of 1912, to fill the vacancies in these offices. The decision of the court held that the recess appointments were proper by the governor, and that his recess appointees held and were the legal magistrates until the next ensuing session of the senate, and the senate having failed to connrm tnem tney were no longer magistrates after the adjournment of the general assembly < v of 1912. In. declaring the offices vacant at this time, it is now the right and duty ' of the governor to make recess appointments, and his appointees hold ( - ? -1 <. ? - e ii, ? umil tne next session vi uuc gcuciai assembly. The decision holds squarely that the old magistrates the gover- : nor refused to reappoint, who continued to claim the office, v/ere no longer magistrates after the adjournment of the general assembly of 1911, ; when their terms expired. The ap- : pointees of Governor Blease, says the ] decision, then properly held until the ; adjournment of the general assembly < of 1912. ! The decision of the court having declared the vacancies which existed in 1 k the offices, Governor Blease said that, 3 in line with the decision and with his < ' contention allalong, he would now pro- ! ceed under Section 683 of the Code, ' ? which provides: ' "The governor, by and with the advice and consent of the senate, shall ] oppoint the following officers: "County Auditors. ' "County Treasurers. ' "Magistrates. "Masters. (Other officers are here named also). "Any vacancies which may happen 1 in any of the said offices during the [ recess of the senate may be filled by the governor, who shall report the appointments to the senate at its next -session, and if the senate do not advise and consent thereto at such session, the office shall be vacant." Governor Blease said he was busy ' with the work of his office. He confimxir} rr\ varioivo tho mrvct onr>nnrap-inp reports from every section of the ""State, he said. He will go to Swansea on Saturday to deliver an address. The Man and the Bfe. "That get-rich-quick man is as busy j as a bee." 4 "Yes," replied Mr. Cumrox. "He's < , one of those busy bees who can't ; manage to gather honey without in- ; cidentally stinging somebody."? Washington Star. Reckless. One of the strangest things in this world is how willing a girl who can't swim is to embark on the sea of matrimony without a lifeboat.?Galveston News. Prize Steers Not Good Meat. The meat of more than one prize steer has proved disappointing in the eating, though fine to look at. In the development of the animal for compeL , tition his flesh is sometimes, if not * always, seamed with small veins of fat which are dilated by cooking into tough strings. Hence, the range-fed steer, not nursed into prominence, affords the better steak or roast rt's Decision 7/ Now Appoint mmnnur nnivnT attptp murium tuuKi uuaia BOTH SETS CLAIMANTS CREATES VACANCIES IN MAGISTRATE'S JOBS SPARTANBURG. ffoiwWs Derision in Celebrated Case. Ousting the Hold-Overs and the Sew Appointees. Columbia, June 5.?By ousting, by the supreme court, of both sets of claimants to the offices of magistrate in SpartanDurg couniy, mai couui.v 12, now without a magistrate. The supreme court this afternoon handed a decision, ousting both the hold-over claimants and the Blease appointees to the offices of magistrate in Spartanburg county. The ones which held over were recommended for appoint ~ ?* c/N?o t/x /N-, +V? A loC?4- V /\f Ill^IIL uy tuc UII inc. iaoi u?/ v* the session this year, when the governor refused to submit his list of appointees. The supreme court, in a decision by Justice Watts and concurred in by the entire court, ousted J. M. Bowden and A. H. Kirby, S. S. Tiner, D. T. Gossett, T. C. Fowler and W. C. Harrison, W. R. Tanner and T. Potter from the of fices of magistrate in Spartanburg county, declaring, "it is judged that each of the defendants herein are guilty of usurping and intruding into, and are unlawfully holding and exercising the offices of magistrate in Spartanburg county, and it is the judgment of this court that the defendants be excluded from the offices of magistrate and that the plaintiff recover costs against each of them." The situation is set forth in the following excerp from the opinion: "It will be seen that A. H. Kirby was appointed magistrate on February 5, 1909, and February 8, 1909, his appointment was confirmed by the senate. J. M. Bowden was appointed and commissioned by the governor to this same office on February 22, 1911; D. r. Gossett was appointed magistrate >n February 5, 1909, and his appointment confirmed by the senate February 8, 1909, and on February 22, 1911, 3. S. Tiner was appointed by the governor and commissioned to the same office; E. Potter was appointed magistrate on February 8, 1909, and his ap- ; Kir tVi a p? ?cic> v,v/iixn uj tuc ocruate. On February 28, 1911, W. R. Tanner was appointed and commissioned dv the governor to the same office. On February 19, 1910, W. C. Harrison was appointed a magistrate to fill out :he unexpired term of R. L. Pearson, resigned, and commissioned as such 3n March 4, 1910, and on February 11, 1911, T. C. Fowler was appointed md commissioned as magistrate for , :he same office. It was conceded at :he hearing that Bowden, Tiner, Tantier and Fowler's appointments had never been confirmed bv the senate, . i and that the legislature had adjourned and was not in session after their appointments until 1912. There is 110 evidence that Harrison's appointment was confirmed by the senate." By the quotations above as the law and an application of facts thereto, says the opinion, Kirby, Gossett and Potter being appointed by the governor* and confirmed by the senate in 1909, held office until the adjournment Df the general assembly in 1911. Harrison having been appointed in 1910 t'or an unexpired term, and his appointment being a recess appointment, held until the adjournment of the general assembly in 1911. There being a vacancy in the offices, the governor appointed Bowden, Tiner, Tanner and Fowler to these offices, and they were commissioned and were entitled to hold and enjoy the offices until the general assembly met and their names sent to the senate for approval and confirmation The senate having failed to confirm them, they were no longer magistrates after the adjournment, of the general assembly in 1912. Since February 28, 1911, Gossett has wrongfully held the office of magistrate. Since February 28, 1911, Potter has wrongfully held the office of magistrate. Since Feb ruary 27, 1911, Harrison has wrongfully held the office of magistrate. Since February 28, 1911, Kirby has n*rA?nrfiillv Vt aM a a rvf roofyic ry i VI151 u ix j uuiu cue, uuiv/t- vl aia^| trate. Since the time in 1912 that the :senate refused to confirm the appointments made by he governor, of Bowden, Tiner, Tanner and Fowler they have wrongfully held the office of magistrate. The court orders all the defendants to be ousted and costs assessed against them. The ousting proceedings were brought by Attorney General Lyon. who asked that Governor Blease's ap-' pointees be ousted and fined $2,000 for illegally holding the office of magistrate, and that the others be held to be the legal magistrates. CHARMING MUSIC RECITAL OF MRS. BROWNE'S CLASS Other Prosperity Social Affairs?Personal Mention?A Fine Tomato Garden. Prosperity, June 6.?One of the most entertaining and looked-forward-to affairs of the school world in Prosperity occurred Tuesday evening, when Mrs. J. Frank Browne gave her 11th annual musical recnai at uie auaiiunum. Mrs. Browne's sbhool is modelled along the lines of the famous Virgil Clavier method, and her nearly half a hundred girls and boys acquitted themselves creditably in every sense of the word. Th? scene presented by the bevy of handsomely gowned young ladies and rv> rk O fhfttr confy in UctilltJ wee 111&1U.O fw tuoj oau5 ax* chorus or played solos and manyhands pieces was a most pleasure-giving one. The selections were choices and appealed to the large audience of parents and friends, many of whom had come long distances to be present. The joys of the evening were aug- , mented by the vocal duet rendered by Misses Groseclose and Moseley. The touch and technique of the students were remarkable, for clearness and firmness, and they displayed unusual * 1 sympathy and understanding for their ? (too TVi a A of Kv little "R T-Tflf a5CO. 1 nv uuv.1, v/j iiuuv xvvwwvu mon and Elizabeth Browne, and solo by Little Ruth Stockman, three tots not yet in school, were features of the program, and the renditions by the ] older girls would have done credit to a conservatory. j The following unique invitations ] proved a marked success and all report a jolly time: < Come to the Lutheran children's mis- ^ sionary society's party on Mr. J. D. Quattlebaum's lawn, Thursday at fourforty. A penny for each letter in ! your name we ask, and to make you ; laugh, play and eat will be our task. Your correspondent was the reci- 1 pient Friday of a large tomato, the ' first one pulled from the flourishing 1 vines of Mr. A. G. Wise. Mr. Wise's tomatoes would do a July garden ' proud, not to say a May one. They are well worth going to see, many of 1 the clusters having more than a dozen on them, and giving promise of many J luscious appetizers during the trying a ays 01 summer. Miss Ruby Wheeler is visiting friends in Newberry. Mrs. I. S. Caldwell and son, Erskine, ; and Miss Kathleen Bell, left Wednesday for Staunton, Va., to spend th$ summer. Miss Mazie Suber, of Peak, has been 1 visiting: Mrs. Elvira Kibler. Little Miss Colie Blease, of Newberry, spent Wednesday with Little Rebecca Harmon and Elizabeth Brown. Dr. M. S. Dantzler, of Elloree, has accepted the position of pharmacist for the Prosperity Drug company. Miss Clara Brown, of Due West Female college, reached home Thursday. Mr. H. J. Raw! has returned from Rock Hill, where he has been attending commencement of Winthrop college. Miss Isoline Wyche has arrived home for the summer from Athens, Ga., where she has been teaching for the past two sessions. Mr. and Mrs. A. G. Wise were shoppers in Columbia Tuesday. Miss Eoline Monts has returned home, after having spent the past ses sion in school at L.yons, (ia. Miss Minnie Hentz, of Pomaria, is the guest of Miss Julia Schumpert. j Mrs. Geo. W. Harmon has returned i i home from a visft to Atlanta and Tallapoosa, Ga. Miss Lena Lester, of the Columbia hospital, spent the week-end with her parents, Mr. and Mrs. A. M. Lester. Mr. Ralph Baker, of Greenwood, is visiting his aunt,-Mrs*. E. W. Werts. Mrs. J. L. May and cnnaren, ana Miss Doris Kohn leave today for a month's stay with relatives in Sabot, Va. Mrs. P. L. Langford has returned from Blackstock. Mr. S. D. Duncan, after spending several days here, has returned to his home in Greenwood, accompanied by his father, Mr. Geo. A. Duncan. Mrs. T. F. Littlejohn and Miss Edna Fellers spent Monday in Newberry. Little Rebecca Harmon spent the week-end at Ninety Six with her grandparents, Mr. and Mrs. W. P. B. Harmon. Mesdames Ella Bedenbaugh and Beatrice Hope were visitors in town Saturday. Chief of Police J. C. Duncan has moved his family here from Blacksburg, and are occupying the house just vacated by Mr. Joe B. Hartman. Mesdames G. Y. Hunter, Elizabeth ( DeWalt and Miss Mary DeWalt Hunter have returned from a short stay in Columbia. Mr. W. B. Wise, of Little Mountain, j is spending .a few days here with rel atives. . I Prof, and Mrs. G. T. Pugh, and chil- ? dren, of Columbia, are guests of Mr. R. T. Pugh. Mrs. Orland Leaphart, of Columbia, is visiting her parents, Mr. and Mrs. . L. G. Wise. Mrs. T. A. Dominick spent Monday in Columbia. Misses Davis and Connelly spent < the week-end with Miss Marie Counts, of Route No. 3. ' ^ Mr. E. Y. Morris, of Newberry, has been visiting his mother, Mrs. Eliza- ; beth Moore. Mr. B. T. Barnes and Pat Mitchell * are home from Wofford college. ! Miss Mary Connelly is attending the 1 ladies' missionary convention of the ? Methodist church, which meets at ? Plum Branch. * Mr. Godfrey Harman, Jr., is home ! from Trinity college, Durham, N. C. * Miss Minnie Boyd Brown is attend- * ins the commencement of Due West < Female college this week. , 3 Mr. Kenneth Kreps has returned to s Columbia, after ? short visit to Mr. ( Robert Counts. I Dr. 0. B. Simpson will lead the ? Young People's meeting, which meets t Sunday morning at 10 o'clock in Grace Lutheran church. t Mrs. J. C. Schumpert. will be the ^ hostess for the Literary Sorosis, which 1 meets this afternoon at 5 o'clock: at s the home of Mrs. F. E. Schumpert. T rhe following program will be ob- ? served. * "Tne arust Deiongs to uis wurn, uoi Lhe work to the artist"?Noralis. ? "The Faun of the Renaisance"?Ar- 1 reggie?Mrs. Hunter. I Legend, St. Sebastian?Mrs. Cald- 1 well. 1 Picture study, Holy Night?Miss ( Bowers. s Comparison, Mystic Marriage of * Saint Catherine, with Michael Angelo's * Toramiah Plnh XTicc Rnhh ( Legend, St. Catherine?Mrs. Morris. ( Decline of Art in Italy?Miss Lang- < ford. 1 Current events?Mrs. Quattlebau.m. l Deatli of Aged \egro. ] Christian Greenwood, a very old < colored woman, died at Helena on t Mondav afternoon. She was 92 years i old, and had lived practically all of i those years in the saL?e neighborhood, t She formerly belonged to the late Dr. Peter Moon. She was the mother of 13 children, only four uf whom are living. Tom Greenwood, of Newberry, and Dock Greenwood, <.f Helena, are her sons. There are nii.fr living grandchildren of the deceased and 34 greatgrandchildren, one of her grandchildren being Curtis Greenwood, fireman at Mollohon. < Her Address. Husband of Militant Suffragette (to ] < his secretary)?Take this note around , to ray wife, -please. Secretary?Certainly, sir. At which , er-jail is she stopping??Harper's Bazar. , - High School E: End Fine ( SPLENDID ADDRESS BY DR. HOWARD LEE JONES A FINE PRESENTATION OF A TIMELY SUBJECT. "Keep Sweet, and in Good Health, and Outlive Your Competitors," Was His Text The address of Dr. Howard Lee Jones, of the Citadel Square Baptist church, Charleston, on the occasion of the graduating exercises of the Newberry high school on Tuesday evening, was a magnificent presentation of a timely subject. He said the text which he wanted to give the class was: "Keep sweet, and in good health, and outlive your competitors." He liked this text, he said. To be- j gin with, it recognized the enmities of life, and one's enmities were as important as one's friendships, f'l want you to be so large that no enemycan hurt you," he told the class. "Be! bigger than anybody who shall try to be better than you. I appeal to you to be bigger than anybody who shall be 30 small as to try to do you harm." "I like this text," he continued, "because it tells you how to do the thing it iirects. Keep in good health. There is not a power we possess that is not a mightier power if we have good health. Keep in good health, is a very wise md sane admonition." The body, he said, is the temple of the living God, * - _ 121 A. tor a spirit in ins nuejuess iu uhcu. The other admonition was to keep sweet. "The greatest thing in the warfare of life, in many respects, is Jie gift of being able to keep sweet, tt is a business asset Your grouchy business man losfcs every year by his grouches. The man who can keep sweet is the man who has an asset :hat is most valuable. Don't you beieve for one minute that it is going to lelp you to go about telling hard-luck stories. Don't believe for one minute ;hat you are going to be popular, roung ladies, by whining. There are ;ame people who have, I believe, poor, iiseased bodies for the natural dejravity that is within them which lictates their telling everybody about heir particular form of complaint." "He is a poor business man," said .he speaker, "who doesn't know the ralue of a smile; he is a poor business nan' who doesn't know the value of sunniness, and the escape from that vorry which is the friction that wears iway life. But I have got to remem >er," be said, "there are just two boys n this class. Young ladies, keep sweet. Oh, the gift of sweetening the elationships of life. We need some >eople in this world of ours who shall enow the value of sweetness. I trust :hat this graduating class shall sweeten the temper of Newberry so that >ome of these folks here that don't snow how, and let all the milk of luman kindness within them turn to ilabber this hot weather, will just be changed, in spite of themselves, because of the good humor and the sunny ;emper of this class. "It is a good religion to keep sweet. [ don't know why it is, but some peo ?le have thought that sourness was saiiitliness. I don't know how it is :hat we have had an idea that a man ; nust tie his face in a double bow knot before he could be religious." Chrte:ianity, he said, ought to act upon this >ld world ;ike a gleam of March sunshine drawing the frost out of the jarth. But as we have organized Christianity and lived it these centur - . i i . i? es, it has been entirely possiuie ior a nan to be morose and unkind and sour md yet stand up as conspicuously in :ke church of God as a stalk of mullein in a pasture or as two sun flowers in a bank of American Beauties. "It Dught not to be so," he said. "I tell ron that a Christian, if he is worth mything to this world of ours, is one j svho radiates sweetness and light." The speaker told of a little park in j N'ew York where he had sat down one I (CONTINUED OX PAGE 3.) I? xerrises Commencement TWENTY GRADUATES RECEIVE DIPLOMAS FIRST HONOR GRADUATE TAKES , TWO GOLD MEDALS. Happy Exercises by Grammar SchooL Henry Rikard Wins Medal?Scholarly Addresses. The graduating exercises of the Newberry high school, held in the opera house on Tuesday evening, brought to a fitting close the most elaborate and the most successful commencement in the history of Newberry's schools. The opera house was crowded with an interested and appreciative audience; the exercises were highly creditable; there was a fine address by Dr. Howard Lee Jones, of Charleston; the medals were happily presented; there was inspiring music by the Newberry concert band; there was a wilderness of flowers for the "two sunflowers and the eighteen American Beauties" who graduated; there was a wagon load of candy and otber presents for them; and the whole occasion was a fine success. James Campsen Kinard, the first honor graduate, received both gold medals offered in the high school? the utto Kiettner scnoiarsnip meaai and the I. H. Hunt history medal. For the scholarship medal James Lance Swindler, the second honor graduate, pushed him close, and for the history medal Miss Trent Keitt came within one-half of one per cent, of his mark. On Monday evening the scholarship medal for the grammar schools was presented to Henry Rikard, with honorable mention to Kathryn Harms, and little Miss Harms, for the fine mark whifh shp madp. was nresented with a gold locket, the gift of the principal of the Pope school and the teacher of the seventh grade, Misses Mary Carwile Burton and Pearl Yrest. The high school graduates, with their averages, were: James Campsen Kinard, "Maxima cum laude"; James Lance Swindler, "Maxima cum laude"*; Florence Morris; Mamie E. Paysinger, "Cum laude"**; Margaret Elizabeth Mc Crackin; Ruth Louise McCrackin; Bessie Anita Lake; Moriet Eloise Hayes; Annie Elizabeth Jacobs; Lois Lucile Hipp, "Maxima cum laude"*; Marion Webster Jones, "Maxima cum laude"*; Annie Kibler, "Cum laude"**; Clara Bowers; Estell Caldwell; Cora V. Mayer; Kate Neel Neel, "Cum laude"**; Alice Cannon, "Magna cum laude"***; Sophia Rose Herbert, "Cum laude"**; Sarah Simmons; Nancy Werts, "Maxima cum laude"*. "Mamima cum laude"*?Yearly average of 95-100 per cent. "Magna cum lauae"**#?Yearly average of 93-95 per 'cent. "Cum laude"**?Yearly average of 90-93 per cent The Exercises. The exercises were opened with prayer by Dr. J. Henry Harms, and the salutatory was delivered by the sccond honor graduate, James Lance Swindler. This young man had a - * ? T ?n f r? f V? /s rtlirf vvtJXI-JJi cyai cu j, aiiu uc uciivered it with marked ease and grace. He designated the two boys and eighteen girls of his class as "two sun-flowers and eighteen American Beauty roses," and this happy designation was taken by the speakers of the evening and ran through the whole exercises. Chairman Klettner. Hon. Otto Klettner, chairman of the board of trustees, in his introductory remarks, paid a high, tribute to the superintendent, principals and teachers of the schools. He reviewed briefly the condition of the school and congratulated the people of Newberry upon the magnificent equipment He thanked Mrs. James A. Burton for her i * ? . i? i ? li r\ - i_ presentation, in .oenau ui me jjaupnters of the Confederacy, of the first picture for the high school, saying that he knew when she madfc this presentation others would soon do like