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| -j- ^ VOLUME LI. NUMBER ? NEWBERRY, SOUTH CAROLINA, TUESDAY, JANUARY 7, 101J5. , TWICE A WEEK, $1.50 A YEAR. ?-? ? -? ? 1 - TO TEST VAU REFUND S Constitutionality of Act of IS Sinking Fund Com in State Sup Columbia, Jan. 6.?Proceedings were brought in the supreme court this morning, in iis original jurisdiction.' to test the constitutionality of the Act J 3 ^ V I of 1912 provding lor tne reiunu ui, State bonds and to test th? legality of the acts and doings of the State sinking fund commission. The proceedings . are brought bv W. \Y. Ray, of Colum i bia, as a tax-payer, by his counsel, I Weston & Aycock with the consent of the attorney general. The sinking fund commission, at a meeting in December, which, it will be recalled. Governor Blease refused ottonH mnk *r-r.ion looking towards (< U CUIV41U, w retiring $.">2S000 of bonds on January 1913. The petition this morning alleges That the Hon. Lowndes X Browni ing's term as a member of the legislature had expired, and that he was not a member of the commission, and that the commission had no quorum. The legality of the entire commission is attacked on the provision of the constitution forbidding the holding of two offices of honor or profit at the ' 1 I same time. : The petition asks that the commission be enjoined from proceeding. Under the Act of 1912. the commisPETITION FOR ANNEXATION FILED WITH GOVERNOR Line Starts Below Feak, Crosses N. & L. Two Miles Above Chapin. Embraces 2"> Square Miles. (Editor The Herald and News: On yesterday I have filed with the governor a -strong petition signed by about ^ three-fourths of the qualified voters of the proposed territory to be cut off j from Lexington county and annexed to Xewberrv county. The line has been surveyed by Mr. F. W. Higgins, of Xewberrv. The line commences about three-quarters of a mile below E Peak, on Broad river, aiid running in m a south-western direction, it crosses ||: C., X. & L. railroad about two tiles above the town of Ohapin, and Brxtends about two miles in a.southHrwestern direction, comes and then Brims northwest to the line of Lexington and Xewberrv. The distance from Broad river to the XewberryMine is about eight miles, and embraces about 2." square miles. Three commission ers will oe apponutti uy me rat an early day, and a re-survey will tr* made, and an election will be called as early as can possibly be done. Yours; \Y. M. Wilson. Peak, S. C., January 4. BOARD MEETS AT FLORENCE. I t- i : Mk Two Teachers Added to Force at Industrial School?Crowded to Capacity. i Florence. Jan. ?A meeting of the board of trustees of the South Caro ? 3 ? : ? 1 " ~ 1 r>t thio lii!tl industrial svuuui, ui nno , L was held at the school building here J A yesterday. State Superintendent ofj W Education Swearingen. and Trustees W. J- Dunn, of Camden; Thomas P. I Brown, of Fairfield: Dr. William llder ton and William R. Barringer, were r in attendance. , Various matters pertaining to the future welfare of this splendid in.-ti; ? tution were gone into and given attention. The old officials of the board W were re-elected unanimously and in f addition to these, ana in accordance f with a resolution passed some time ^ ago. it was decided to add to tne nsr V of officials at the Industrial school, a bookkeeper and a teacher, and Mr.! J Mrs. Helm, now of the Tennessee H^SWanstrial school, were selected for r^^^he two positions. 1 Owing to the fact that Mr. Helm is, / f music, it is proposed to organize a hand among the boys at the school. which wi'l be of c insiderable ! ' a.-':;"" to the?;' *yotMi<j fallows away frc-ii homr ;r.d loved ones. [DITY OF TATE BONDS )12 and Legality of Acts of mission Attacked ireme Court. sion contemplated to rtfund about UOO.OOo of bonds now bearing 4 1-2 per cent., at 4 per cent., o:i July 1, 11) 13. There are now outstanding $5,662,:?11.97 of bonds and stocks bearing interest at the rate of 4 1-2 per cent. commonly known as Redemption Brown consols, of which bonds and stocks in the aggregate amount,of 409,077.90 were issued under the Act of 1S92, bonds and stocks in the aggregate amount of $20."?,934.07 were issued under the Act of 1893, and bonds in the aggregate amount of 7,.100 were issued without the authority of law, having been stolen from the State treasurer's office, together with $7,000 other Redemption Brown consol bonds, which have since been surrendered and exchanged for Redemption Brown consol stock as provided in the Act of 1892. The petition alleges defects in the refunding Act of 1912, in addition to attacking the constitutionality of the sinking fund commission, as now constituted, and the legality of its acts and doings. The supreme court issued a rule for the sinking fund commission to show cause next Monday. There a^re now in the school 9S boys and the building i-s simply packed full. Unless the legislature makes a liberal appropriation for this school for the completion of the two new dormitory buildings, which are about one-third completed, it is hard to tell how Prof. Emmons, the superintendent of the school, can accommodate or pack in any more boys, should any be s^nt up by the courts early in the new year. Prof, and Mrs. Emmons have absolute and full control of the boys, and every one of them loves the professor and his good wife. This much is said from personal observation and knowledge of the writer, who has visited the school on various occasions just in order to acquaint himself as to the conditions that exist out there. It is, it sucli a thing can be said of boys who were unruly and had to be sent he for correction, a most happy fam ily of boys in a State institution un?!. ^ the charge and care of two splendid people. WOl'Ll) DIVEKT 3IOMMIKXT FUND. Hock Hill Daughters Propose Hiiildintr of Y. M. ('. A. Rock Hill, .Tan. 5.?The Ann White Chapter. l\ D. C., will submit to the Y M. r. A. committee of the men and religion forward movement a proposition of great interest in offering to divert their monument fund to a memorial building fund. In other words, instead of erecting marble shaft to commemorate the Confederate soldiers, they will offer to build a home for the Y. M. 0. A. Those who are behind the movement believe that a more laudable proceeding could hardly be entred upon, and it deserves the substantial encouragement of all good citizens and patriotic veterans, sons and daughters. Such a building for such a purpose would, it is rolrfi lie a monument, indeed, anu could the shades of the heroic ead hover over it. they would view with deepest satisfaction the good work done in their name and for their nv mory. Prosperity Cemetery, On Wednesday, .January S. Mr. Burr Iannis will superintend the work of cleaning the Prosperity cemetery. All who have relatives buried there are requested to come or send some oup to help in this much needed work. Magistrate Appointed. Special to The Herald and Xews. C 'diim'M:!. (> .! H<*nry Dorroh oi* X?. i. township vice William Dorroh. resign d. MELD AGENT SECURED FDR RURAL SCHOOLS ! TO DISCOVER SCHOOL HOUSE IN cojdii'mty. | >Iiss Elizabeth Hawkins to Work V ltwtmr llnrsal St'lmdlv sun! \ronsf* Interest. I j j County Superintendent of Education ! E. H. Aull, with the approval of the i county board of education and the ' Slate spuerintendent of education, has j arranged to put a field agent at work ! among the rural schools of the county ! for five months. Aius Elizabeth Hawj kins, who is at piesent teaching the j Fairview school, has been chosen for j this work, and will begin as soon as | a tracher arrives to relieve her. The tru-iees of this school gave her I up with reluctance, as she was doing i good woik there, but in view of the broader field to which she has been called they yielded their personal pinference for the-good of the schools of the county. Miss .lulia Mai>e, an experienced and successful teacher, will relieve Miss Hawkins and Miss Haws' kins will enter upon her work about I the fifteenth of the month. * | In speaking of this work, County i Superintendent of Education Aull said: "I have had something of this kind in mind for several months, and I am j-lad that we will be able to make tiic "experiment in this county. State Superintendent of Education Swearingen has agreed to appropriate from the Peabody fund a sufficient amount to pay one-third of the salary, and the other will be taken from the dispensary fund which was given to this county. "As 1 have frequently stated, as I see the rural school problem, the first thing to do before we can make a;iy progress in the development of the schools is to get the people interested, I , or aroused to the conditions now existing, and the necessity for something fo be done, and then we can do something, but so long as the present condition of self-satisfaction obtains, it is impossible to accomplish anything /"or the improvement of rural school i conditions. "It will be impossible for Miss Hawkins to visit all of the districts during 11? ?? ?-> ? K,it Ti-Tioro I ebpll Hie pi CbUIll It i 111, um. nnvi V 1 place her ! shall expect her to let the people know that there is a school hons*1 in their midst, and make an effort to get them to make it the centre of tli*1 community. To organize tomato clubs among the girls and corn clubs among the boys and improvement associations amo:g the mothers, and to I wake up the fathers to their duty in j i helping and encouraging all these or-j ganizations. T want to establish at : least one real country graded school ; j or high school by the consolidation of | j two or more one teacher schools and I 1 believe this can be done during the | next six months. At least, the effort i will be helpful, for we are all made ' stronger Dy maKing an eiun iu uu j j things even if at first we do not sue-, ceed. "After Miss Hawkins lias been in a | community the specified time allotted i to that communitv, I want to have a I I j> ! ! mass meeting at the school house of j ! all the people in the community, and J | I will spend the day with them, and | I we will try to have an old time revival 1 ; of school interest. "t uoendb for- \Tiec Hawkins and 1 uvoj/v ?v/? ?? her work the hearty cooperation of the teacher and the people of the community when she comes. This work is being don success fullv in other ! counties, why not in Xewberry. "! believe in compulsory education, and have advocated it for many years, j but i am satisfied that with present I I conditions it would fail to accomplish ( good results, until we first created aj j sentiment that was active for the bet-' terment of the school. We have first' j got to let the people see the need of; doing something. If you will get in fim nroblem as 1 ! 1UIH II )t JUI OV-WV-. x. have tried to do, and realize the in-' < I d'fference of tile people, you will agree with nie that the present generation ; | " , ! | is permitting?to put it mildly? a crime upon the rising generation. 111 j is not with intenton or malice, I am ; ! constrained to believe, but because of: intMfV: :c<< l;K-k of interest ho- ' r \ c" ion of > 011 important questions beforl legislature SESSION OF 1913 HEGlNS IN JUST ONE WEEK. Some of tlie Measures Which Will Come I"p?Asylum Improvement, Election of Judges, Etc. Special to The Herald and .V \vs. Columbia, Jan. 8.?The general assembly of 1913, which will convene one week from tomorrow, will be confronted with some very important questions. Xot by any means the least in importance among these is the election of judges by the people, which Governor Blea.-e has stated he will reconim- nrl in his annual message. A I bill providing for a flat two-cents rate j per .-nilo for passengers on railroads j will be introduced early in the session.,1 The governor has heretofore advocat-1 ed this rate, and has stated that lie will urge it again in his message this year. Another matter, which has been a storm centre in South Carolina in the recent past, is the hosiery mill at the State penitentiary. There will be a strong tight in the coming legislature j to abolish this institution, and a bill j to this effect will in all probability be J among the first bills introduced. The legislature will also have to decide whether the work upon the new asylum plant is to continue, in view of the defeat of the proposed milliondollar bond issue. In order to continue the work, there will have to be a special levy for it. This is really one of the biggest questions with which the session will have to deal. The session of 1912 was one of the stormiest sence 1876. The legislature and the executive departments frequently locked horns, and each "stood pat." It is beftie; predicted that the session this year will be harmonious, at least as compared with the preceding session. What may turn up in South Carolina politics, however, it is impossible to prophesy with any accuracy any ler.gth of time ahead. The i/vmciotiivn hurl a larfff inaioritv 1(131. ICgioiauuv >? ? 0 _ ? politically opposed to the governor. The recent election resulted in many changes, and many new faces will be seen in the membership this year. Should the lines be drawn for and against the administration of Governor Blease, as may of course happen on some measures, it may take the first real "line-up" to determine the exact complexion of the senate and house. It is certain, however, the governor has many more supporters "Sn the two bodnnw than bo hnd before the elec livy ?? **v/ ~ tion, and on a test of strength as between the factions?provided of course, there is a split into'faction?? the veto power would certainly be effective. During the past twelve months South Carolina has experienced a wonderful prosperity, and the national 1 ? ? r\ r\ -.rf 11 7 iJ0;llOCrSCJ IIUS Hdlicveu a nuiiutnu. victory. The coming legislature will have a great opportunity before it for constructive statesmanship. * * * It is probable it will take the senate only a few minutes to organize. The house, of course, will require longer. Whether the Hon. Mrndel L. Smith, of Camde:?, will have any opposition in is race tor speaiier, seems "ui >ti iu be definitely known. The name of Mr. George R. Rembert, of Columbia, has been frequently mentioned in this con/ nection, but Mr. Rembert has given iii :r jtateme.it as to his intentions along this line. Mr. Rembert was regarded last year as the ttlease floor leader in the house. With so many new members, it is possible that the session may develop several strong leaders either in a contest between the two branches of the government or i.i a harmonious session. * =:. The annual message of Governor J3!ease will be presented on the first nay of the session. During the first week th i election wi'l b" i;ec'yr~c!, :ind the inauguration will take place on Tuesdiiy, January 21. As li:is been announced, the oath will be administered to Gov. Blease by .Magistrate W. Pink Cashey, of Lancaster. Judge Cashey i.-- a warm personal friend and y.tr.mg political supporter of the gov . >r. :d har= from \h county of 4 4 1H&. LYON ASKS Tf DISBAR BAR Sensational Proceedings Brou C Qnm^nmn PAlivf UI iJUJ^/l V.111U VVU1V by Attorne Special to The Herald and News. Columbia, Jan. ti.?Attorney General .1. Fraser Lyon this morning brought proceedings in the supreme court of South Carolina for the disbarment of Barnard B. Evans. It will be recalled ih:?r Wvans ouDosed Lyon for attorney I ! uent-ral this summer, and that at the Spartanburg campaign meeting, Lyon I threatened to prosecute Evans as result ot' certain statements made by hwiiis against Lyon. The proceedings j'.oday, however,"came as a complete1 surprise and have created coiisid: rable ' sensation hero. Attorney General Lyon in his peti-1 tion alleges a number of matters! which are claimed to have been con-J I nected with the career oi' Mr. Evans, j I The petition begins with the allegation j j of Evans' admission to the bar on Be-, cember 1(\ 1902, and men go^s on to i I ;il1p?e iri ubStLUCO: That a check for $198.99, drawn 01; the Union Savings bank, of Augusta, Ga., jj>y J. Frank & Son, in favor of George L. Salter, of Saluda, in October, 1906, and sent to B. B. Evans, attorney for Salter, at Saluda, to be delivered to him, was endorsed by Evans as attorney and the proceeds nev | er turned over to Salter, mat mereafter upon demand of Salter Frank & Son paid to him the sum of $198.99. The affidavit of George L. Salter and the original of one letter that passed campaign. The prayer will be made by the Rev. Nathan A. Hemrick, of Newberry. * v i It does net seem likely that Mr. J. | Fred Sclrumpert, of Newberry, will have any opposition for re-eleotion as f j sergeant at arms of the senate at tne I coining session of the legislature. Nor | is it probable that Sergeant at Arms Wilton, of the house, will have'opposition. * # # Newberry will have two Wyches, father and son, in the coming session,! the son, however, coni ng to .he legislature frcm Spartanburg, where he not long ago made his home for the practice of law. Dr. C. T. Wyche, the f.-.'her, was classed during the last | session and in the campaign this sumI mer, as among those politically opposj ed .to the governor. The son, Cecil I C. \Yyche, comes from Spartanburg at the head of Spartanburg's Blease delegation, being elected' on the Blease ticket, and being the only member of j the Spartanburg delegation in the I house elected on the first ballot. It ' may be interesting to note that in the last session Spartanburg had a strong anti-Blease delegation all the members * *- - j of which, except one, were cieieaieu ; this summer, and strong Blease men sent in their places. * * * The election of several judges comes up at the coming session. It is probable that an effort will be made to get all elections out of the way as soon as j possible, in order that the other worK j may be disposed of without interrup- j tion. ('apt. D. .J. Griffith, who has be: n J superintendeiii of the penitentiary for { many years, will be opposed for reeltction this year, it is stated, by Sher- j iff .J. G. Long, of I'nion. and Sheriff! Hunt* r, of I Jam berg county. * * * It is a matter of regret to his many friends in the State, and to those who; take a pride in the liisron of their State, that the Hon. Charles Carroll Simms. of Rarnwc!!, has declined the position on the historical commission, to which lie was recently appointed by the governor. The father of Mr. Si.nnis f r\y\9 ! in many, many boous wroic im- moiw., of Sojith Carolina and of the South as j Walter Scott wrote the history of Scotland. Mr. Simms 'himself is a lover and a student of tiio . history which his forefathers have helped to make and to write, and would have I g.--ired :i position npon the State's His-J l? . \..l v l . < IAT COURT NARD EVANS ght in Original Jurisdiction of South Carolina y General. between George R. Rembert, of Columbia, and B. W. Crouch, of Saluda, in regard to this matter, and copies or nine other letters passed between the same parties, are attached to the complaint. A copy of the indictment returned against B. B. Evans for forgery by the grand jury of Saluda county in December, 190S, is attached to the petition. The collection of an account of the Murray Drug company against T. E. Bates for $103, through B. B. Evans, at Saluda, in 1906, which it is alleged Evans never turned over to the Murray Drug company, is recited, and W. J. Murray and J. Nelson Frierson are named as material witnesses. The charge made by B. B. Evans in the campaign last sum:ner to the effect that Sheriff B. F. Sample stole a certain receipt from his office in Saludo, and his other charges against Sample, tAnrntVia. witVi q otatpmpnl" sieneri bv I ? * X C AA U ,JVV. vw.v,? V Q- __ __ m citizens of Saluda denying the charges against Sample, are referred to and made a part of the complaint. The petition says that the chargo against Sheriff Sample was with "maJicious intent," and that Evans, when he made them, knew them "to be utterly false." That complaint also alleges that B. B. Evansvat the Spartanburg campaign meeting last summer did "falsely and with malicious intent" make a statement concerni.i j; 13. W. Crouch and E. W. Able, of Saluuti, that if >he Aei.ia and Hartford Fir-1 Insurance campanile had done Outy Messrs. jvbla and Crouch would be behind the bars as incendiaries; that one of the per:on* was .caught in the act and compromised and the other destroyed the libraries of all the lawyers in Saluda, and the language of the complaint con ;vnes, 'That on said occasion he fur ther referred to the said B. W. Crouch and E. W. Able as blind tigers, thieves and incendiaries well knowing fhe said statements to be utterly false." McDavid Horton. of the Columbia State, Wyatt A. Taylor, of the Columbia Record, and L. H. Wannamak'er, of the Charleston News and Courier, are giv en as material witnesses to prove this charge. Another paragraph of the complaint says "that the reputation of the said Barnard 13. Evans for honesty, fair dealing, and for truth and veracity 13 bad. It is believed that various members of the Columbia bar will testify to the correctness of the above charges." It is alleged that B. !?. Evans, in 1S98 0 and 1899, discounted two notes at the Carolina National bank, one for $130, to which he forged the name of J. D. Allen, of Edgefield, and one for amount not named, to which he forged thd* name of L. W. Reese, of Edgefield county, it is recited that when action was broyght by the bank against the alleged signers of the notes the facts as to Evans forging the signatures established. Certified copy of judgment roll in Allen case is attached to complaint and as to second note L. TV. Reese, W. A. Clark and Wilie Jones are given as material witnessesN to provf rhe allegations. It is charged that B. B. Evans, while acting as agent for the American Bonding and Trust company, of Baltimore city collected money pn premiums of bonds issued by this company from various people and failed to turn over to the company the sum of $260.37 thus collected. A copy of the judgment obtained by such company against Evans in the Richland county couIT IS (tuaiucu. Attorney General Lyon in closing his petition says: "That the certified records herein referred to as well as the letters and copies of letters, together with all other information contained herein, have been put in the hands of your informant at various times during the past two and onehalf years, and h;is. on account of hav(COXTIXrEP OX PAGE " >