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% TOLUSE Llf !fCMBEB 21. SEWBEBBY, SOUTH CABOLIBfA, FRIDAY, MARCH 13, 1913. TWICE A WEEK, $U0 A. YEAB. SIGHT OF A CITY TO RETAIN A FINE IMPORTANT OPINION GIVEN BY CITY ATTORNEY EDMUNDS. Pardon Does not Carry With it Refund?Copy Sent to the Governor. Columbia State. tiio mootin? nf pitv council last night it was decided by the four mem-| bers present, Councilmen Keenan, Earle, Stieglitz and Blalock, to refer to Councilman Keenan, mayor pro tem, the opinion by H. X. Edmunds, city attorney, as to the right of the governor to order a fine J r ~ r>ff OT1 Ml*. remuieu lUi a nimivipu. ~ Keenan will send the opinion to the governor. Mayor Gibbes was absent, being in Florida. There was very little discussion on the opinion, whlcn holds that the governor has not this right but it was pointed out that the governor had the right to appeal to council if he desired. ihp oninion which Mr. Edmunds j sent R. C. Keenan, mayor pro tem, j reviews firs: the facts in the case, re- | citing that Harrison Neeley was arrested in violation of the aytomobile ordinance and upon conviction was fined by the city recorded and later ? Hn"u.^ ^?ii pardoned by tne governor. iue \? uno~ | tion which Mr. Eamunds considered was, is t'ae pardon granted in this case an order to remit the fine im> posed and collected valid and binding on the city officials of Columbia? After quoting several sections or the constitution Mr. Edmunds says: "The matter to De peciaea uieu dees the pardoning power of the governor extend to muncipal offenses, and can he legally order the mayor to remit a fine imposed solely for a violation of a municipal ordinance? The question has not been before the r courts of South Carolina, nor nas it often been the subject of judical consideration. But such cases as have called for a determination of the issue are uniform in laying down the rule that the pardoning power of the srnvprnor extends only to crimes ow * - . against .he State. The leading case upon the subject is State vs. Renick, 157, No. 292, in which it was held that the governor had no right to pardon offenses against muncipalities. In that case one Corrie Neal had been convicted and sentenced in the police rourt of Kansas City for violating a certain ordinance and a fine of $500 inflicted upon frer.f This fine the governor of the State of Missouri sought to remit. The court said: What Court Said. 'There remains but one question for us to decide, and that is in rela* 1 1 * j - x 4-vk/x ciiaqtah tion to tne vautuijr ui mc executive pardon. The judgment was for a fine imposed under and Tor violation of a city ordinance. The suit .arose in a city court, and came by appeal into a State court. It involved no )uest:on of a violatio^ of a law of the State. It *as in effect and in form a judgment for the recovery of . - -e Tr ri}+? in in xavor 01 zvaii&as ^n.^, emu i \v!v>h the State bad no interest what. ever. We have been referred to no ^ r?a.->e as a precedent for authority in / n governor to pardon one convictei cf \iojan:Ag a city ordinance, and in a seaich made by us we have fou.id none. We find authority for the general proposition that th-e pardoning linver of the State executive reaches j t onl\ to matters in which the State is interested.' "The provisions of the constitution, which are practically the same as ours, are quoted, and the court proceeds as follows: " The term "offenses" as there used, means violations of State laws; the context forbids any further interpretation.' A Kentucky Case. "To like effect is the case of the city of Paris vs, Hinton et al., I32, < Ky., 684. The court concludes its t opinio*! in this case as follows: / '' "VC are of opinion, both upon r- asc n and authority, that the governor in this case had no authority to par-Ion the defendant, who had bet-n convicted of a violation of a city ordinance of the municipality of Pario, and that hfs pardon was iiiTflic!/ 'S^e also case of Shocp vs. Com rror.wealth, 3 Penn. St., 126. "McQuillan on Municipal ordinances at section 359, sets forth. 'The governor can not pardon on conviction cf vitiation of an ordinance under pott-r conferred by the constitution authorizing him to pardon those coivicu.-d of violating State laws.' 'See also distinction drawn between State and municipal offenses by Jud^o Dillon in his work on municipal corporations (5 ed.) paragraph 746. "Two cases in South Carolina, bear indirectly upon this subject both holding that the power of the governor to remit a fine extends only to that part in which the State has an interest, x. ^ ? A 4-_ 111 siid can not. upsei miei esis vcmcu m third persons, the cases under consideration being where one-half of the fine went to the State and the other half to the informer. "Rowe, sheriff vs. the stale, z &a.y, 56"). "Tile State vs. Williams. * X?t & McCord, iT. "Under the authorities a'oove cited, I am of opinion that the pardon and order to remit is not valid and is not binding on the city of Columbia." Chapuffer Was Fined. Harrison Neely, a negro empi ?<3 by the governor to drive his automobile, was fined $15.75 in the recorder's court yesterday on the charge of exceeding the speed limit. The fine was paid and the governor later issued a pardon to the negro. This was the second offense. PROSPERITY NEWS. H%h School Gives Holiday to Allow i Teachers to Attend Teachers'. Meeting in Columbia. Special to The Herald and News. I Prosperity, March 13j? Prosperity High school has given holiday Thursday in order to allow the teachers to attend the convention of the State Teachers' association which meets jn Columbia. The following teachers are attending: Prof. J. 3. Wheeler and J. M. Bedenbaugh, Mrs. M. C. Morris, Misses Susie Langford and Gertrude Bobb. Miss Elizabeth Hawkins, rural supervisor, is also attending the convention. Miss Louise Eargle, of Peak, is visiting Mrs. Elvira Kibl-er. Mr. W. B. Miller has returned to Go lumbia after a visit to his sister, Mrs. J. S. Wheeler. Mrs. Virgil Kohn was taken to the Columbia hospital Wednesday tor appendicitis. Mrs. Nannie Wheeler has returned from a short stay to Little Mountain. Mr. J. M. Werts is visiting his father at Mountville. Miss Julia Maree, of Fairview, will spend the week-end with Miss Effie Hawkins. Mrs. J. L. Wise and Miss Mary Kinard, spent Wednesday in Little Mountain. The many friends of Miss Minnie Brown Will to giaa 10 leani mai 0110 returns today from the olumbia hospital. .... Mr. T. A. Dominick has as his guest Mr. Forest Stillwell, of Columbus, Ohio. Mr. and Mrs. G. Y. Hunter, Mr. and Mrs. A. G. Wise and Mrs. P. C. Singfey spent WVdnesday afternoon in Xew berry. Prosperity has been fortunate in securing a very high class musical concert which will be given in the city hall. Mr. .J. W. Duncan, of Erwin, Tenn., is visiting his parents, Mr. and Mrs. J. C. Duncan. The papers say that Oscar Hammerstein's losing London Campaign cost him $S50,000?about $">0,000 a week. rpntral Upthodist Church. On next Monday, March 17, at 8 p. m., there will be a special meeting in this chuJ|ch at which or.^ or more addresses will be delivered by prominent visitors, in the interest of missions. Bishop W. R. Lambuth, who has inf-Aiv hppn to Africa, Dr. Rawlings, one of the secretaries of th-e board of missions, and Dr. Kennedy, a missionary from Brazil, will be the speakers ?one or more of them. The public is cordjally invited to attend. J. E. Carlisle, Pastor. \ THE LEGISLATURE. I *T. J. WV Discusses Some of the Measures Enacted and Some That H'prp \<?t j T T V* V v%| i ! Editor The Herald and News: i Well, we have arrived at the close of another session of the general as- : sembly of South Carolina, and we ; have no criticism or condemnation to offer for what has been done; neither |: for that which hasn't been done. But {< you can't keep people from thinking, j 1 it doesn't differ whether they think , right or wrong. I I have been reading the newspaper j reports of the session pretty closely, j1 and I find it would take a whole lot J broader mind than 1 have to evenly review the workings of the session. I notice that there has been 193 Acts ratified by the governor ,which are nr-Pt.tv well all of a local nature, and j f * many other measure* have been hammered at b both branches of thehouse. But it all reminds me somewhat of a play we boys used to practice some .4.") years ago, I believe we called it "s^e-saw." Any way I will describe "the play: A post was sunk in the ' 3 - rr nlonl' WSJC fa S ground iiliu a dClUllg j/mim .. tened at about the center so as to be on a balance, then a boy would get on one end and another boy about the same weight on the other end. Then it was a general bobbing up and down A* ? - 1 J ?f I rnrl ni* until Dotn parties wuutu get u>cu w Tone would get a little rude and give | the pole a sudden jerk and throw the other boy off, then there would be a general mixture of words, etc. Then don't blame me if I call the whole machinery a "see-saw" play. It was a long time we only had two factions in tne iegisiaLure, uuw t>c have three. The senat-e holds one end of the pole. The lowtr house holds the other end, and the governor has grabbed hold in the middle, and says, "Boys, I'd like to see you ride over me." And ?very now and then some fellow will I give a tilt and down comes the poie i I and "my oh," such a mixture of words. Finally everybody will i ise to his feet ! and some one will break out in a new spot and say, "Look here, boys; something's got to be done." You know what we promised the dear people last summer from the stump. Yes, 1 am going to pass a bill, says the lowpr hnivsp. to abolish the hosiery mill, or some Act regarding the appropriation bill, or a hundred other things too numerous to mention. "Something's got to be done," so here goes the bill. It passes the third reading and is sent to the upper house, and after a deliberation of two or three days the senate will finally pass upon the bill with a great long amendment, and I sends it down to i^e governor and he . will "veto" it. Then the lower house will take a recess and call upon the Hon. Joshua W. Ashley to lead in one of those beautiful songs, we have never learned the name of the songs, but we sunnose it is something like "Hot times in the old Palmetto city tonight." Truly did the Saviour sa ythat "a house divided against itself can not stand." And these words are applicable to any and all organisations on earth, even to the family circle. Oh, to God that our people could learn to avoid quarrels. They are a disgrace to all those who are concerned in them and there is nearly always blame upon both sides. It never fails to bring dishonor upon those who engage in the like. It would be a God's blessing if all those who have been drawn into such a controversy would heed the voice of old father Abraham, who said: "Let there be no strife. We are all brethren." Some time we think that we are getting two many smart m=en in the world. We mean ?* looric tViom tr? men wnuse sui<n mess itauj think that they know things better / than anybody else. And by the spirit of strife they mean to "rule or ruin." If there was anything that I was looking for from the hands of this honorable body, it was 6ome Act to better the system of nominating men who I aspire to represent us in our official capacity, r thought that right in the face of one of the most disgraceful campaigns that has ever swept through our State, while it was fresh in th-e minds of the general assembly, just after such strenuous efforts last September to detect the accused fraud and irregularities which both factions acknowledged that was practiced in our first primary, we thought most assuredly that some man would have the bravery to put his name on record in making a tight to put some safeguard around our primary system. It seems though that nobody knows just what kind of a system is best, and the whole matter is left over until another session of the general assembly. We have never seen any justifiable reason that any honest thinking man could have to placing the primary system under the same restrictions of the | ' - -*" ni,r I general eiecnon. dui ?vmc ui wm politicians say that this kind of system will disfranchise a large per cent, of our poor laboring class of white men. We all very well understand the : registration law of our State regard-1 ing the educational qualifications, and there is not a single representa- ( tive of the State, including the gover- i nor, but who knows that if will do j nothing of the kind. We have nothing more to say in regards to this matter, except to those who favor good government. You hold the "reins" in your own j hands, so either "show up or shut up," j it matters not wnemer you win ui lose. Poor good road law, you have lost out entirely in this session. Nothing has been done for Newberry county along this line except to raise the sal-1 kary of the supervisor $200, and the [ .county commissioners $20 each. Aicr> t/% abolish the honorable offices of the township road inspectors, all of which I have no complaint to make. This taking off and adding on will not add a single thing to the building cf good roads. Before we will ever have a perfect good roads system in this or any other county we have got to have more unselfish public-spirited men; men who are not always look jng for an opportunity to "skin the county for every cent its worth;" but men who have the good of the public welfare at heart, men who are willing to join in with their teams and hands and say, "Come on boys, let's work the roads," regardless to county government laws. We saw a good example of this kind of road working last ^ Tf r\ XT7CkVCk Tuesaay morning, uie-olu, cis going to Prosperity. Two of Prosperity's liberal hearted doctors, G. Y. Hunter and J. S. Wheeler, had six of their fine mules hitched to the Prosperity road machine, with two hands operating the machine. They worked r>no miip ahnv#> the incorporation lim its of the town leading to Newberry. To be brief, I will say that this machine was doing all that was needed to the road, and Dr. Hunter informed me that they were working at the rate of eight miles a day. This is how the roads can be worked. ? X? x. ^ A ^ It is needless tor tne county to urfiend upon a dozen or so old chaingang negroes with picks and shovels, and one or two scrapes any longer, j They just c^n't get around to the roads j of the entire county. But Bill Hill " " " - nnnf T\1 O n (JnH WP ! IS nguniig upun a. new piuii, w, shall refrain from further discussion J until we see further. j In conclusion I want it thoroughly"] understood that there is not a word of; what I have said intended to reflect upon a single one of our delegation, because they are all my fri^Vds. And if even they were not my friends I want to deal justly and fair with ^ ?4-VtT/-* or*? everyooay. i ne liumniuu ui mi;> ? * tide is to show that there never can be any material good accomplished whenever a spirit of strife and division exists. So please remember the words of old father Abraham: "Let there be no strife; we are all brethren." T. J. W. March 1, 1913. i Greenwood Elects Council. I I Grenwood, March 11.?Mayor Ken-; neth Baker Vas defeated for reel-ec-1 tion in today's Democratic primary by' Dr. ,T. A. Marshall, the majority for j Dr. Marshall being 63 votes. Aldermen were elcted as follows: j Ward 1, A. S. Hartzog; Ward 2, S. 0. j Harvey; Ward 3, S. C. Hodges; Ward i 4, L. M. Long and W. R. Gatlin to run j over; Ward 5, W. J. Snead and B. A.! I Etheridge to run over; Ward 6, A. C. | Watson and Crawford Clapp. to : An j ?Yer. a. f. rr^k issick was reelected pub- j lie works commissioner. You cannot tell the flattered that' the flatterer is not wise. 4 f Recollections < By Col. D. r No. 1: The Ha Yes he was haunted, haunted by ail unnatural fear, a fear he could never overcome, nor chake from his presence. It haunted and hounded him to! his death. It was on the thirteenth of February, 1861. The old college bell rang out its strokes with loud and clanging peals. The city had all the aspects of peace and quietude. Every one seemed joyous and buoyant. Men wore cheerful faces and. the women smiled gladly. The first company from theN county, and almost from the State, was about to start for Sumter, the seat of war. In that company was almost the entire senior class of the first class that Newberry college was to send out on the great sea of life. In that class I had a friend and companion. bright, intelligent, handsome, and the pride of the college, for it was the concensus of the student body's belief that he was to be the first "firsti honor" man in the life of the institu| tion. He was gifted in oratory, had | all the promise of a bright future. We I will call him "George." That will be sufficient. His full name might bring up sad reflections, in those whom are tied to him through blood or kinship. I was not of the college, but a member of the company. At the old depot, the ladies of the town presented us witn a ueauuiui i bann-er, on which was inscribed, "The I Ladies of Newberry to the Rhett Guard." We rolled away, as gay, patriotic and jubilant a set or boys and menn, as ever espoused the cause or their country. The most of thes-e men and boys were rolling away to bloody graves. On the islands around Sumter we i T.-^Y.rt +or> + nnH messmfltfis so kino and J ?CIC C^IXC W.AAV4 , unselfish was he, that I loved him like a brother. A sword was to be presented to an officer, and George was unaimously chosen as spokesman. In his presentation speech, how graceful and -eloquent was he. Every word and jesture proved him the Dom \ j orator. How proud I was of him, and * Al- ?1% I | almost envied me guis uc yuooc CO\/U) | I in which I found wanting in myself. After Sumter's fall our wa;s parted. He to return and assist in organizing a new company, of which he was elected a lieutenant, while I joined a company already in the field. My com|.pany left for Virginia months before Pump Ollt .TllSt be- i | UCUJ gC O k(UUlUlUUU I fore the great Seven Days' fight I met | him in Richmond. My! How hand[ some and soldiery he looked in his J bright uniform with the sash and J sword of an officer. Talent and at^inmpnt had already won him his ap I pauletts. Mine was yet to come, through many hard knocks and stubborn blows. The great battle was over. As I lay wounded in a hospital, I remember well, with what pride and delight * 1 ? * ? - ?? ' ^ ^ A I read in the Kicnmona papers ui cue i brilliant affair at Mechanicviiie and' Coal Harbor, in which McGowan's S.! C. brigade took such an active and i conspicuous a part. ! I enquired of some soldiers how my1 friend George had fared, for his com-j pany belonged to that brigade. "He j had been knocked out, almost before j the battle begun, by the shock of a j bursting shell." Iji that early stage j of the war it was inconceivable that j a man would absent himself from his j command, while the battle was on, j without some great physical disability, j - " j s rsA o O tVl Ci U'Qr i 'l'.rJ1S HiUSlOn WifB uispcucu ao iuv , I wore on. Acros the Potmac, at Antietam, j bad reports again came of George, j He was under arrest for "conduct un-j becoming an officer in the face of the j enemy." In the closing days of the year came1 the great battle and victory of Fredericksburg. His brigade had bore the brunt of Burnsides* first assault. But they bore themselves like the men n,0ra onrj rnvprpd themselves < Liie_y ~ ~ ?? with glory. George did not share in this. His arrest prevented him from joining his companions. He was forced to remain in camp, awaiting a I i of a Long Life A. Dickert unted Soldier. | court martial. But court martlals w-ere slow then, times being too strenuous to give heed to such matters. The news of his arrest and accusation of cowardice had reached his . home and it galled his proud soul to the quick. It was not cowardice, that actuated him,? but the horror, thft nervous repulsion, to the roar, the blood and shrinks of battle. The dread of something unseen. He was not % afraid of death as the sequel will show. In the opening days of May the signal gun sounded the crossing nf tVio PonnQhannnoV hv Wnoker. Thd VJ. tilt x wu^/^yw, v*. ** ** w vik ^ ? ? _, army moved out upon the lines in tha early twilight. The battle of Chancellors ville was on. The sight of his comrades marching out so bravely to give combat to the enemy and he to remain behind fired the heart of George as it never had been before. He would redeem himself or fill a soldier's grave. He went to his colonel, told. : * ~ mm 01 ins qci^i uiiutiiiuu, lui^iui^u him to allow him to buckle on hi? sword again and take his stand witk his comrades in the coming battle. He promised to be a. man and I have < no doubt he meant it at he time. The colonel released him from arrest, bid him go and be a true son of 4,1? c?~,. < v. qii-o 11 T?jf>trcf?n W3JK | lilt? OUUIU. UlUiiv r? uii vmvuwv44 about to make his great flank movement on Hooker's rear. George, whose command belonged to that corps marched along with a proud step and determined mien. His men were I proud to see him with them again, and had high hopes he would prove himself a tru^e soldier. Night was coming on. As they marched the fnroet rtf tVlP '.Vl 1 H PIT) P3S i g I t-'cV L uai n. iui&oi. vi - j loomed up in which lay* Hooker's army. The skirmishing began, then the heavy baying of the cannon, mingling in the roar of the musketry. The hissing of the minnie balls and schapnells, the falling of trees, the shout of the charge down into that seething; J roaring hell of battle. Tt was enough* to freeze the blood of the stoutest, it was here George did one of the worst and unforgiving acts known in th^ life of a soldier, "He deserted hig coI-~ ors in the face of the enemy." This offence meant death to the private, to an officer to be stripped of hit ~ ^ ? ?* ''"" on /-nit r\f o<smr? in fiis ujuuc, a iu uuitu vuv wj. grace. The latter was meted out to George. He was a man without a country, a pariah among men, ana shunned by the soldieis as a leper. Where was he to go! Where find comradeship. If such existed on eanu. for him? He came down to Richmond, entered the navy ad took service in a little? iron clad that lay tugging at its hauser In the Jam??. j One evening not long after his entrance while walking upon the quar ter deck watching the sun as it was sliding down behind the peaks of the Blue Ridge a sudden emotion came to him like that o the melancholy Dane; he queried with himself, "whether in his sea of troubles it was better to stand the ills he knew or fiy to those k * ? e " t Vl Q 1 9 ttp'T 11*0 KPCVV I1UI Ui. X AC wuuoc HIV In his room he left he most beautiful and pathetic letter it was ever my privilege to read. Tn hisNriends he confessed his weakness but asked them not to Judge him too harshly, for it was not death, that he was afraid of as the sequel of that letter would show but an infirmaty. He forgave the world's harshness and wrong, bid it an affectionate farewell. Walking deliberately and calmly to the outer rail he made the fatal 3 leap. In a moment the darK muaaj^ waters of the James rolled placidly over all that was mortal of the unfortunate George. Here may the student of biology or psychology find a rich field for speculation. Why was it that this young man, apparently so perfect in his make up, could not nerve himself to take a chance at death with his comrades, yet had the nerve to meet it without a tremor, when alone.