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' The Herald and News VOLUME LI., NUMBER 78. NEWBERRY, S. C., FRIDAY, SEPTEMBER 12, 1913. TWICE A WEEK, %\M A YEAB. t Governor Ble. 1 On Sevei ~ ' ? n CI Ciratitied At Keceni uctuuuc tburg.?Scores Supreme ( ?The Dispenj ! Special to The Herald and News. I Columbia, Sept. 11.?Governor and 1 Mrs. Blease were called home from Washington this week on account of L the serious illness of Mrs. Blease's V mother, Mrs. Summers, at Autun. The " ~e Oiimmsrs in many inenus ui itaio. uui"".v.? ? Newberry will be glad to know that I though seriously ill, she is now s'ome' what improved. i Governor Blease had gone to TVashI ington to attend the Great Council, r Improved Order of Red Men. He re* turned to his office in Columbia Wednesday afternoon after^ stopping over night at Autun. Mrs. Blease remains at Autun with her mother. Governor Blease was asked by newspaper men in regard to several matters, including the recent decision of the si preme court in the case "brought to test the constitutionality Lof the Act of 1912 in regard to refunding the State debt. In reply to W the questions of tne newspaper men, ( Governor Blease said: 1 Recent Election. Of course I was very much disap pointed in not being able to remain with my brother Red Men, most of I whom I know personally and are my good friends, but und^r the circumstances there was nothing for me to ' do but to return home. I am very ^ much gratified over the election of my brother-in-law by a vote of about | nine to one, in Anderson county, and I am also very mnch gratified that ^ Spartanburg city seems to be so K friendly, as the newspaper accounts V admit that the only anti-Blease man W in the race was left at the post, while the two Blease men finished neck and neck. Mr. Floyd is a member of the [ present State Hospital commission, and Mr. Johnson is now mayor. As between them, I had no preference whatever, as they are both good friends of mine; but neither shall T)e without a job. If Floyd gets in H T will put Johnson in his place on W the State Hospital commission, and if Johnson stays in as mayor, why of course Floyd will hold on. So both "Bleaseites will have a job, while the anti will still be a Statesman looking 1U1 uuc. | Supreme Court Decision in BondTase k No, I am not disappointed at the result of the decision of the supreme | court. I rather expected it. I regret very much, though, that they dodged K the main point in the case, and d,a n W decide fairly and squarely the ques? tion of a quorum, as to whether or not a member of the house or senate can serve on any commission of "which he ' "was a member by virtue of fr's posiin tVio Kahss r>r cpnntp. flftPT* his term expires, or, as the constitution expresses it, after the term of his successor begins. Justice Hydrick in his opinion completely and absolutely dodges~eVery material issue in the case, as any lawyer or other man of good common sense will find if he will read the pleadiners therein. He dodges enxire> ly the Browning question, one of the most important of all. He then confirms the report of Halcott P. Green, "by merely saying that "we deem it i unnecessary to prolong this opinion "by a detailed statement or consideration of them." which allows that he did rot stve them the proper thought and consideration. 4 In fact, his whole oninion is dodging the material issues Taised by the pleadings, and decides absolutely nothing, but leaves the entire matter where it was before it went into the courts. Justice Watts does a little better. However, the conclusion reached and the opinion of the majority of the court is. in rvm'ni An r>r\r\ rl nvi r\ o T Vi O ill* ui/il 1U1I. VUUOIU^IIU^ tliV/ pleadings on both sides, one of the most adroit judicial dodees that I w "have ever seen and one of the most ? perfect biased political judgments ever handed down by a judicial triL"bimal. and should be sufficient to convince all men of the necessity of the election of judges by th^ people. I am glad, however, to see that they sav they will have nothing to do with r\? + V? r-, CJ $ Ir * *1 or I? jiy\ A VI luc o>i:mug i unu v.v/wmuosion. I presume they -will adhere to this when the Dominiek claim comes up for hi? fee. However, T do not suppose they had thought of it. or possibly they would not have boon so alon? that line Personally. T -?hr]i pay absolutely no attention to i use Talks 'a! Live Issues ? In Anderson and Spartan^ouri On Bond Decision. sary Elections. I the decision, and no bonds will be relir* f ll O ff tV< A ? Avf C ACOI Ar> r\ f iuiiucu until aiici luo ii l ocooxun ui the general assembly, the supreme court to the contrary notwithstanding. Judge Hydrick does not even tell the commission to go forward, he simply says they are at liberty to do so and so. The legislature had given that libertj', and it was not necessary for this learned and distinguished inrist. tn rrmrnr "Rut the "liberty" he gave the majority will avail nothing, as it will be absolutely ignored until the next general asembly takes action. Seriously, I doubt if. this is a legal i decision, anyway, for the supreme court has certainly not followed the constitution. If you will turn to Section 6, Article 5, cf our Constitution, ! *11 -3 t ? T j vuu win r*~ >a, in case ail or any 01 j ] the justi'" a of the supreme court shall be t/hus disqualified or be otherwise prevented from presiding."' etc., "the court or the justices thereof SHALL certify the same to the governor," etc. This they failed to do, and only four justices acted in the case, when the constitution positively required five, or the court en banc. You will notice the word is "SHALL" and not "MAY" or "CAN". Therefore, it certainly was the duty of the judges, when they only had four, to certify the same and have the vacancy filled, or, these being constitutional questions, to call the full court en banc a-uu pass upon tne same. These judges for some reason refused to obey the constitution, because it certainly says "SHALL," and if the humblest citizen "SHALL," when the word is used, surely the supreme > court, which sends them to the penitentiary and to the electric chair, should, above all others, obey the constitution, when it says "SHALL." Of course, however, these judges are above the law. If one of them should be convicted of any offense, I have no I j idea but what the others would give him a new trial. They are higher I than the highest law, but they are not higher in dictating to me my duties. Therefore, you can safely say that there will be no bonds issued until after the meeting of the next general assembly, for, if you will notice,. the acts of 1912 in reference to this bond matter, page 740, provides "that said coupon bonds and certificates of stock shall be signed by the governor of the State," etc, and I have yet to see or read anything in the consti- | tution or statutes which authorizes the supreme court to make me as governor sign my name to what I believe to be an attempt to defraud the State, and if there was any such thing, I would not sign it, even though the supreme court judges are higher than the law and can refuse to do what the constitution says they SHALL do. So the bond deal matter will stand, as I presume the supreme court would say, or at least would affirm me in saying, in statu quo until the general assembly of 1914. Dispensary Contests. I "nave nothing to do with the State board of canvassers, and I am really not interested in what they have decided or what they will decide. Lexington. was a Blease county, and as a majority of her white people want the dispnsary I would be glad to see them have it. Williamsburg was very close and I would be pleased to see it go also in the dispensary column. So far as Sumter is concerned, like Orangeburg, I would like to see her stay dry. The surrounding counties to her?at least Kiehiand, wnicft nas a majority for Blease?will be very glad to furnish her citizens their liquor, and get the benefit of the money for good roads and good schools. So I am really not worried as to Sumter's outcome. I think all those counties had good, first class election commissioners, and that what they did they did conscientiously, believing from all the facts before them that they were right, and as governor I shall sustain their actions, regardless ! of what may be the opinion or tne I | prohibitionists or anybody else. | Keaerin School. The Reagin school will open | promptly at 9 o'clock, Monday morning. September loth. Mrs. .T. E Norwood. Teacher. i VICTORY FOR SOITER "DRYS.,: Lexington "Wets"' Also Win?Decisions in Liquor Contests. Columbia, September 10.?Following a long executive session tonight, the State board of canvassers announced that the election held in Sumter county on the dispensary question | had been thrown out on the general j ground that the ballots used were j nnt r?f locral ci70 The in pffppf: ! declared that 110 legal election on the issue had ever been held. It was announced that the ruling of the Lexington county hoard of canvassers, in favor of the dispensary, had been sustained. v^uii&iuei cttiUii ui Lilt: >v imcun&uui 5 appeal was "begun tonight, but at a late hour, when three members stood for sustaining the protest and three against it, the board took a recess until tomorrow morning, when a decision will very probably be reached. Votes of the members of the State board on the contests were not announced tonight. Dots From (T>'eall Street. The friends of Mrs. Nannie DeHines and family, will learn with pleasure that her son Roy, who has been seriously ill for sometime, is convalescent. . Mr. E. W. Hair and- family have moved from Ware Shoals to the city. Mr. Cleveland Cook, who was operated on last Sunday for appendicitis at the Columbia hospital, is improving, ?nd his friends hope that he will soon be at home again. There will be an ice cream festival at Willowbrook park. Saturday night, the 13th instant, under the auspices of Wesley Adult Bible class, or better known as No. 11 Class of O'Neal I street M. E. Church S. S. There will be an abundance o:f of cream amd of a quality to please the most fastidious. All members of the class are confidently expected to participate in the effort to make this occasion one of the most pleasant gatherings held at the park this season. All our friends from the surrounding country and of the city are especially invited to come and enjoy themselves with us. The public in general will be most 'heartily welcomed. Evervbodv come where you can % 1 ^ ? - ? ~ J n J T\ /? "U n r\ _ always n-nu your lrieuu, cuiu uc uaypy. J. R. Lake, Reporting Secretary. Chnrch of the Redeemer. . (Rev. Edward Fulenwider, pastor.). j Nothing pre\enting, the following ! will be the program of divine services at the Lutheran church of the Redeemer next Sunday. 11 A. M.?The regular morning service. The pastor will preach on the subject, "Test Questions.'* We are living in. an age in which the test plays a prominent part. The test is used to determine the fitness of men for positions. If you want to enter the service of the government you must stand the 'test. Thore are tests in religion, and the man who never applies them to himself will not be in ;i position to know just where he stands in regard to things of God. Some interesting and very practical thoughts will be nresented in the ser mon. There will- be good music. | 10 a. m.?The Sunday ?C*nool meets. A large attendance is requested. The public is cordially invited to i all the services. Riders for Three Generations. To the manor born certainly applies 1.0 the renowned Orton family of riders. For three generations they have held the world's championship for equestrianism, extending back for tbrop nnflrtpr<5 r?f A npnturv. The present Orton family, now with Sanger's Greater European Shows, were literally born upon horseback. Riding from infancy, taught by their distinguished parents, they were perfect at ten years of age, when they were sent to school for their education. During their college years they kept up their practice daily, which, not only preserved their skill, but aided them in acquiring their perfect physical perfection. The wonderful ease and grace, the dash and daring of their riding is thus accounted for. They will be seen at every perfor ^ ^ ' - /> 4- ~ mance 01 rangers ureauei jiiuiuijcaii Shows at Xewberry, Tuesday, September 23. POULTRY WANTED?Hens, llcts. per pound, roosters, young. Tcts.: chicks, 14 c-ts. Highest prices for egss. Player & Graham. 9-12-tf. THE SEWS OF PROSPERITY. Bright Prospects for Opening School ?Domestic Science Department. ?j. -l 9uuui Special to The Herald and News. Prosperity, Sept. 11.?Prosperity High school will open September 15, and the prospects were never brighter for a successful year. The trustees have decided to add this year a Do- j nicotic ocxeuutj course wnicn is pre- | dieted of all to prove of great value. , Miss Creighton, of Rock Hill, has | charge of this department. Mrs. J. F. Brown's Music studio will open September 15. Mr. A. H. Hawkins was a business visitor in Columbia Monday. Mesdames S. C. Morris and J. L. Wise will attend the W. C. T. U. convention in Saluda Friday and Saturday. Miss Effie Hawkins is visiting her grandmother, Mrs. W. P. Bedenbaugh, j in the St. Lukes section. , Mesdames Henry Parr and Carre- , son, of Newberry, spent Wednesday with Mrs. Elvira Kibler. Mrs. Wriddle Looper, of Dallas, Texas, spent a few days this week with Mrs. Jacob S. "Wheeler. Mr. P. C. Singley will reach home i Saturday, after spending three months | at Highland Sanitarium, at Ashville, X. C. Mr. and Mrs. T. A. Dominick and j family spent Monday in Columbia. Mr. and Mrs. Derrick, of Chapin, spent Tuesday with Mr. R. I. Stoudemeyer. , Mesdames R. T. Pugh and G. W. Harmon will attend the Baptist convention at Newberry Friday and Saturday. I Mrs. J. F. Brown will entertain the ! Literary society Friday afternoon I at four o clock. Mr. E. S. Kohn, of Columbia, is visiting Mr. W. J. Wise. Mr. and Mrs. R. C. Perry, of Ridgeland, visited Mr. A. G. Wise Thursday, j Misses Pearl and Mae Connelly, of J Ninety-Six, are visiting Mr. J. A. j Baker. j Mrs. Kate Monts, of Little Mountain, is visiting Miss Gertrude Bobb. Misses Myrtle and Ruby Fellers have returned home after a visit to I Miss Moss Fellers. j Miss Moss .Fellers and little Mary | Littlejohn have gone to Pacolet to i TV? t p r i-vi&ll JL/i JL . X'. ?Jl t tlCJUil 12. Mrs. G. C. Fellers and Miss Annie spent Thursday in Newberry. Miss Isoline Wyche leaves Sunday for Nevado, Mo., where she will again ! teach this season. Misses Cairo Wyche and Kitty Mae I Nance have returned from a visit to relatives in Spartanburg. | Mr. D. M. Langford and daughter, | Mary, spent Tuesday in (Columbia. | Miss Eddie Mae Parr, of Newber- j I **-*. is the guest of Miss Ruby "Wheeler. i \Ti<?<5 "Rell. nf Cumberland. Md.. has ! arrived and will have charge of j Moselev's Millinery department again this season. Cadet Arthur Shealy has returned to Clemson college. Mrs. M. C. Morris has as her guest. Miss Marjorie Leckie, of Chester. Mr. A. H. Kohn, of Columbia, was a business visitor here Thursday. Mr. R. K. Wise has returned from a short visit to Greenwood. Mrs. B. B. Schumpert has gone to Millen, Ga., to visit his daughter, Mrs. J. A. Hunt. Miss Bessie Bowers is visiting In Columbia, the guest of Mrs. Ernest Luther. Miss Elanor Capers, of Washington, ! will spend the winter here with her aunt, Mrs. J. L. "Wise. Miss Clara Brown has returned to Due West Female college. Miss Esther Moore died Monday, at the State Hospital in. Columbia, and her remains were brougnt up on me evening train and taken to the home of her nephew, Mr. M. E. Cook. On Tuesday morning interment took place at the Prosperity cemetery by her pastor. Rev. C. H. Xabors. She is survived by one sister. Mrs. Elvira Kibler and a number of other relatives. | Eiilit Counties Desire Convicts. ' The State, 11th. Rrrnrd of directors of the State pen itentiary, meeting yesterday to consid- 1 er the disposition of the several hun- j dred convicts now employed in the hosiery mill at the prison. received application from eight conntv superi visors for convicts to work the pubi lie highways. The counties making request upon i the board for prisoners were: Edgefield. Crceiavood. Lexington, Abbei ville, Anderson, Spartanburg, New THAW NABBED IN NtW HAMPSHIRE DEPORTED FUGITIVE E>JOYS 3 HOURS OF LIBERTY. Canadian Immigration Officials Unexpectedly Rush Matteawan Escape Across American Line. Colebrook, X. H., September 10.? Harry Kendell Thaw, fugitive from Matteawan* tonight slept on American soil, barricaded in a hotel room here, after one of the most exciting days in his career. Thrust unexpectedly over the Canadian border early today, despite the writ Of habeas cnrnns ripmnrirtinor 'hid i production before the King's bench in Montreal Monday, he was for three hours a free man, and during that time drove madly in an automobile for fifty 1 futile miles through the hills of Vermont and New Hampshire. Near noon he ran into the arms of a New Hampshire sheriff and was brought to Colebrook, where lie retained counsel to resist extradition. William Travers Jerome, rushing here on. a special train, will assume charge of the case for New York State I tomorrow, seeking to have Thaw as a ward of the State returned to Matteawan. Meantime, Thaw is "detomed," charged with no crime, held on no warrant. Guarded by Twelve Officers. Fearing kidnapping at the hands of officers from New York lie asked for a special guard and Chief of Police Kelly swore in twelve special deputies, all armed. They were patrolling the streets about Thaw's hotel tonight. At 0.30 o'clock tomorrow morning Judge R. N. Chamberlain* of the Superior court, will hear tjie application of Thaw's lawyers for a writ of habeas corpus. The fugitive has telegraphed lawyers far and near and purposes to fisht the return to Matteawan to the bitter end. L. R. Vauhaus, of New York city, who, it is said, will conduct the battle against extradition, arrived tonight. T. R. E. Mclnnes, of Ottawa, one of the framers of the Canadian immigration laws under which Thaw <vas so unceremoniously deported, also is here. ti He denounced the deportation as contempt of court and said that pro ceedings had been instituted to punish those who participaed in Thaw's removal. Thaw himself issued this statement tonight: Thaw's Statement. "Wlhat occurred under the English flag this morning is something I can't discuss, but we believe good Canadians will do what is right. Now, , T have enme to New HamDshire, but I only on my difficult way home to Pennsylvania. "There is no honest legal charge against me and we trust New Hampshire won't accept any subterfuge from a few officials of a larger State. "We hope citizens of New Hampshire who won't be bluffed will write the governor. (Sigped) "Harry K. Thaw." Back on American soil again, and temnorarilv a free aeent. Thaw hardly knew what to do with his new found liberty. The circumstances of the journey were cjiriously molded. When a few minutes after Thaw had been hurried from Coaticoke toward the Vermont border by the Canadian, immigration authorities, the Associated Press representative of the Montreal Star, fol lowed in another automobile. In Hands of Reporters* The immigration officers car soon was overtaken and when Thaw was set free the two newspaper men were his only companions. Thaw asked permoission to riae i>]< ine Associaifu Press car. The request was granted and Thaw was permitted to dictate the route travelled. The matter of Thaw's extradition from New Hampshire was uncertain tonight. His lawyers contended there berry and L?e. Several dr.vs ago the board, meetin /"V 11 -m to flrlvortKP ill ?2 1AA * VUHi: MIIA J UV/V-1UVW v*.v* ? va. j for bids for the use of from 200 to 300 convicts in the manufacture of leather goods and furniture. At the meeting yesterday one proposition was submitted. It was decided by the board to postpore action on the disposition of the hosiery mill convicts until a later date. must be a published warrant written from the governor of New York. James B. Tuttle, attorney general of New Hampshire, is on the scene and he doubtless will make a report on the case to the governor of his State. Jerome, on his two-car special train, arrived here from Greenfield, Mass, at 11.05 o'clock tonight. He was accompanied by Deputy Franklin Kennedy. Crowds poured into Colebrook torne'h-t as if thprp wptp a. rirrns in town. Hotel corridors were jammed. * Thaw sent out more than fifty telegrams. Among others he has requested to come is ex-Governor Stone, of Pennsylvania. As a matter of form Thaw was "arrested" in his room shortly after 10 o'clock tonight on a complaint sworn to by Sheriff Drew, based on information that Justice Morchauser, in Dutchess county, N. Y., had issued a blanket warrant charging Thaw and ! tVifiOD TI'VIr\ ocoie+nrl in Tiio m | tiiVCV/ "UV UOCIOtVU 111. aio ll UUa Matteawan with conspirarcy. THE XEWS OF BACHXAX CHAPEL. Crops Good?Cotton Opening?Farmers Selling1?Pastor Granted Vacation?Services at Colony Next Sunday. 1 " C!na/?inl +A TVi A Unroll o n up^viax lkj x lie Jix^iaxu auu Prosperity, Sept. 10.?There isn't any excuse for complaint about this weather. It is fine both day and night. Crops are fairly good through this section and early cotton is opening fast now. Not quite as fast though as we heard of some few years ago a farmer saying that he always upon going to dinner had to mark the row he quit on to know just where to begin after coming back. We think it is being sold about as fast as picked, which seems to be wise at the present prices. There will be regular services at Colony on next Sunday morning. Sunday school at 10 o'clock and preaching an hour later. Pastor Rev. P. E. Shealy was granted a short vacation and owing to this fact we only had Sunday school on last regular preaching day. There has been a member added to each of the following three homes oil orirlo MftCQfC W. 18. i c.;cii nj, an guiu' ... ? Franklin, Geo. S. En-low and W. H. McCullouch. , Mr. W. B. Franklin has purchased an Tver Johnson motorcycle through Harmon and Werts agency at Prosperity. Mr. M. L. Strauss is "well up on the job" when it comes to handling his new Stndebaker touring car now, judging from some roads he has gone over successfully with it. Mr. J. E. Long was sick enough recently to call in a physician, but is on the go again. Mr. E. L. Strauss has also had a recent atack of fever but is much better no-w. M>. and Mrs. Levi Schumpert and children took a trin to Charleston and the "Isle of Palms" recently to get a view of the ocean. "Lee" says any one who hasn't, been wouldn't regret the money spent after taking a look at this body of water. Mr. and Mrs. i. H. Wilson spent last Saturday nigh. and Sunday at the home of Mr. and Mrs. W. W. Kinard near Prosperity. Mr. Hayne Franklin of near Newberry was through this section last Sunday p. m. riraveling in his Ford. ATr .T p. Kinard and daughter, Miss Ella, visited at the home of Mr. John Kinard at Newberry last Sunday. Mrs. S. A. Rikard, of Long Lane, accompanied by two of her children, Leland and Novice, spent from last Friday until Sunday with relatives in this section. Miss Corrie Franklin, of near Leesville, is spending a while at the home of her brother, Mr. W. B. Franklin. Mr. and Mrs. Lois Dominick, or Prosperity, spent last Sunday at the home of her parents, Mr. and Mrs. R. X. Taylor. Hurrah! for "Sigma" on the pro| blem of ho-w to make good roads and then keep them good. It does seem like there could be an improvement made on the present system of road working. Some pay J *3 I the two ciouar roau lcia huu num some extra. Some don't pay anything and well they don't hurt themselves using the shovel either. We all much prefer traveling over sroori smooth roads than these rou<?h. rugged placps called publie roads. As Sigma says though talk won't work them. Tt takes a mixture of "muscle land will power." See the point? 1 . Jakarta