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The Herald and News __ _. ... . ?? ^ VOLUME LI., SCMBER S4. NEWBERRY, S. C., FRIDAY, OCTOBER 24, 1913. TWICE A WEEK, $UH A YEA*. ? - ' ? " r .., JIDGE RAMAGE RESIGNS FROM EDUCATION BOARD IS SERYlXi AS SPECIAL JUDGE IN EIRST COURT. I Recognizes Constitutional Inhibition. I ?IaIs Course Commended by (*ov. 15 lease. I Specie* to The Herald and Xews. Columbia, Oct. 23.?Recognizing the two-office inhibition of the constitution of South Carolina. Hon. C. J. Ramage, who is iioldinz tae fall terms of court in the first judicial circuit, by appointment of Governor Blease, on account of tne illness of Judge Ernest Gary, has tendered his resignation as a member of the State board ot education. Governor Blease, irr^ acceDtine the resignation, while regret ting to lose Mr. R? **ge from the board of educaton strongly commends Judge Ramage upon the stand be has taken. The resignation is as follows: "Saluda, S. C., October 18, 1913. "Hon. Cole L. Blease, Governor, Columbia, S. C. "Dear sir: "Having been appointed special judge to hold the fall terms of court in the first judicial circuit, of ^ South Carolina, on account of the illness of Judge Ernest Gary, I beg herev/ith to tender you my resignaFtion as a number of the State board of education from the second congressional district. This resignation is ^ tendered in vidw of the provision of the constitution of 1895 against holding two offices of honor or profit at the same time. "Respectfully, "C. J. Ramage." Governor RUase replied: "October 21, 1913. fcf'Hon. C. J. Ramage, Saluda, S. C." ^ "My Dear Judge Ramage: Your re } signation as a member of the State board of education has been received and is accepted. I beg to assure you that, as chairman of the board, I regret very much to lose your services as a member of the board, but I desire to congratulate you upon the position which you take, as I am sure it is the proper one. I wish some other ? people in South Carolina were honorB able enough to act in the same manner jr that you have acted?not because I care about their holding the positions they hold, but because it would be easier to enforce all law if those holding offices themselves would obey .instead of defying the constitution. "With kind personal regards and l^>t"-?nsnes,' "Very respect-fully, ^ "Cole. L. Blease. "Governor." L Mr Ramage who is a member of the f Saluda bar, ha? made an enviable re putaton as a special judge. He was a valuable member of the Statt board of education. Mr. Ramage is a graduate of Newberry college, and is well known and sincerely esteemed in Newberry. Death of 3ir. D. R. Lavender. "? *? r? ? U \II-wm T ^ lvir. ueurgt; owiLtciiucis, j.m.1 ijamW der's manager of the Newberry TneaK to moving picture show at tiie old f court house, received a telegram Wednesday morning telling him of the aeath of Mr. D. R. Lavender, which had occurred at his home in Gaffney i on Tuesday night. Mr. Lavender had Ljt>ien ili with typhoid fever for the past Brfive or six weeks. It was thought sev eral weeks ago that he was getting K better, but it was only for a little - - - ? "? "? l L"WMie tnax tne nope was ueiu uui. W The death of Mr. Lavender was | heard in Newberry with genuine sorI row. When he came here to open his f moving picture show he came as a | #stranger, but at once he made himself i at home and became very popular j with all classes. He showed that he liked Newberry, and Newb-rry in return showed that her people generaltly liked him. He was successful in biis business here, and contributed towards giving tihe public pleasure, amusement and benefit in the line of his work. The secret of his success and popularity lay in the fact that Mr. Lavender had a good heart and broad mind. He was generous and friendly, and such traits of character win friendship that is worth more than gold and that gold cannot buy. rjS'ewberry will miss Mr. lavender. /Mrs. Alex B. Craig and little son, Alex B., Jr., have gone to Newberry, S. C., to spend a month or six weeks as the guests ol Mrs. Craig's sister. W Mrs. J. C. Gary.?Charlotte Observer, I 23rd. ft More Xewberrians than ever beV fore will go to the -State fair tliis year. LIVINGSTON JIADE FILL PRESIDENT New Executive Succeeds Late Win. (i ( hilds?Annual Reports Give 3Iuch Satisfaction. The Slate, 22nd. John F. Livingston of Columbia, was elected president and general manager of the Columbia, Newberry & Laurens railroad vest rday at the regular annual meeting of the stockholders of | the road. Mr. Livingston has been ! vice president and general manager ; sinc? the Yleath of William G. Childs, ; first presid nr of the Columbia, Xew| berry & Laurens railroad. C. P. Sea| brook of Columbia was again chosen i secretary and treasurer. The office of vice president was not filled by the stockholders. i iftor honrinp- thp annual renorts of the officers of (he road, the stockholders thanked both the officers and the men employed on the C. X. & L., for the excellent work they had done duri ing the past year. The annual report on the condition of the C. X. & L. gave a great deal of satisfaction to the stockholders. John F. Livingston, the new president of the Columbia. Newberry & t.ohtctic railroad i<; a railroad man of j * VV... w. , wide experience and great executive ability. He was at one time employed in the Columbia office of the Atlantic Coast Line and lat-r was made agent for the C. X. & L. at Xewberry. He was promoted to soliciting agent for the C. X. & L. under the late W. G. Childs, after whose death he wag * chosen vice president and general manager. The election o: _?Ir. Livingston to fill the office of president is regarded as a distinct recognition ui j his ability by the stockholders, who i durine the nast year have had an op portunity to judge for themselves of his worth. The stockholders yesterday reelected the following directors for the Columbia, Newberry & Laursns railroad: W. A. Clark, L. S. Mathias, H. Walters, Lee A. Lorick, W? J. Harrihan, J. R. Kenly, X. B. Dial, George S. Mower, W. H, Lvles and John F. Livingston. Red Cross Seals. Columbia, S. C., Oct. 20.?"The interest already shown in all parts of ~ - " - ' - - * the State in tne saie Oi neu Christmas seals is surprising and highly encouraging,"' says a statement issued by the Red Cross Seal commission of South Carolina. The number of favorable replies received by the commission to letters sent\out asking for -operation in the sal- speaks well for the public spirit of the citizens of South Carolina, and it is hoped that by December 1st at least three hundred localities in the State will be aiding in the sale. The e?ils will be sold for on cent each, with the understanding that the monJ ...:n Un in thp T tnus raisea wm uc ... ? State-wide campaign against tuberculosis. Women's clubs, bankers, postmasters, sehoolmen and other individuals ire bung requested as rapidly as possible to take up the sale in their respective communities and no possibility will be feft untried to make the sale a success. That tuberculosis, a preventable disease, should be the cause of one out of every ten deaths in the United States is one of the severest indict merits of our civilization, ana 11 is iu wipe out this blot in South Carolina that the commission is raising money through the sale of Red Cross Seals. The active selling season for the seals is from Thanksgiving ro Ciiri mas. Everv one interested in this work is asked to send his nam- to the Red Cross Seal commission at Columbia and thus secure the agency for his community. Newberry Wins Footbal Game at Union Fair. | Union cor. Greenville News. 23rd. McLean, the diminutive puarterj back of Newberry was the life of his I feam. He made gain after gain I through cl'e Baptist linp and his fori ward passing was true and the ball al- j r-n 4-Uonno rm P of his ! j W a\ S itJll ill 111 r ax mo ? - , j team-mates The remainder of the j Newberry tu;m played well on defenI sn*e and offensive, their amazing buck i plays and forward passes being the | cause of victory. It was evident that I Furman Wts defeated by one man. the I wc.t('erful all romd work of McLean i doing :! e damage. Xewberrv scored ,a lower down in the first quarter and kicked goal. Th y scored again in . the third and also kicked a field goal. J M. K. Hutchinson, of Newberry, is | mending n f-w days here on business.?Spartanburg Herald, 23rd. "A PLAY EXTKA0KI)1\AHV. 1 jManaere/* Wells Tuts l'p (iuarantee to Secure Hiarirest Musical Comedy Ever On end Newberry. i I ; "The Girl of my Dream will appear ! at the Newberry opera on Friday even. ing, October 31. It is the biggest ! musical comedy ever offer d a Newj berry audience and Manager Wells ; was enabled to secure it only account ' of toe fact that the company had an | open date at that ime, but in addition to ne naa to put up a guarantee It is an original New York production. | If the Newberry people really want 1 some first class opera to come to the j town they will have to show their ap| preciation of the efforts of the manager by giving these good attractions a good house. Of course, the manager could not be expected to play these high class operas at a personal loss, and when he does take the risk to bring one to the town it is then up | to the opera loving people of the community to show by their presence whether or not they really want first class opera to come to town. The 'manager will not keep on bringing Al" A ? ? ? nAWPAnol lncc mese irouj/s m a pci ouimi jwau. 1 The prices will range from fiftycents t.o two dollars. 3Iaybinton ~Sew*. An interesting reception of the season occurred last Wednesday night from 7 to 11 o'clock at the old country home of Mr. and Mrs. W. B. Wiiit; ney in honor of their son and his bride, Mr. and Mrs. F. H. Whitney. They were received at the door by t? m ri T ^ ^ T\/Tiec;.?o Rpna n T1 f] AirJS. A. J CICI anu v% ? ? Lulu Besse Whitney, then were ush, ered into the parlor which was beau; tifully decorated in ferns an4 roses, and introduced by Misses Daisy Whii.ney and Winnie Henderson to the reI ceiving line which composed of Mr. i and Mrs. W. B. Whitney, Mr. and Mrs. j F. H. Whitney, Misses Clarice and Annie Pinsley. After an hour of social talk and several vocal and instrumental solos, they were invited into the dining room, wh:re an old fashioned menu pbipkpn salad, turkev. ham, pimen j to sandwiches, crackers, pickle, olives, loaf bread, old 1'ashior. pound I and fruit cake, boiled custard, fruits ! and coffee were served. | Misses Annie and Clarice Pinsley /'have returned to their home after a I pleasant visit at the home of Mr. and Mrs. W. B. Whitney. Mr. and Mrs. P. C. Jeter and little daughter Sadie Coleman, have returned to their home at Carlisle. Miss Mildred Henderson and Mrs. ! T, W. Henderson and little son are ! attending the fair at Union this week. Mr. D. W. McLaurin, of Columbia, | spent the week-end at the home of Mr. and Mrs. W. B. Whitney. Mr. Adams spent last week with his j relatives near Blairs. Miss Mary Hardy is visiting her sister, Mrs. Hugh H-nderson near Blairs. i Messrs. J. W. Henderson and J. H. j Chappel! have put the roads in good j condition. * * * "* * -3 TV <Tay* Miss Nannie tseii fcison auu waotcj j Theodore Hargrove spent the weekend in Newberry, with relatives. Miss Lula Besse Whitney will leav.i for Columbia Saturday, where she will study music. t tt Qrvorfailhlir?. Mrs. JOIIn ridru v , ui upu* J; spent a week with Mrs. Hugh Henderson. Mr. Hugh Henderson had his arm painfully hurt in his gin. Miss Annie McCarley spent the week-end with Mrs. T. W. Henderson. Miss Azile Thomas is undergoing eatment at KnowUon's infirmary. The Library. Now that the long winter evenings I are fast approaching, giving muic j time for reading, the library associaj tion would urge those who enjoy the I latest and best books, to join the library. The dues are very little com! pared with the enjoyment to b? derived. Among the new books are The Iron Trail; V. Y.'s Eyes; Laddie, - - /-i Pollyanna, The Inside or tne tup, i The Judgment House, Virginia. Mrs. Red Pepper. The Heart of the Hills, I and many others. Somp that have been ordered-are: ! The Story of Wartstill Baxter?Wiggins.* I Miss Santa Clans of the Pullman? J Annie Fellows Johnstone. The Glory of the Conquer d?Glaspell. j . The Broken Halo?Barclay. Pvo? r>f thp World.?Wright. j 111 L14 ^ i-*/ vw %?>, i Poor Dear Margaret Kirby.? I Kathleen Morris. Eleanor H. Porter. Mies Dilly; Miss Billy's Decision? THE XEWS OF PROSPERITY. j llallo'ten Party Friday Me lit?Everybody Expected?Literary Sorisis? Personal. Prosperity, Oct. 2S.?Youth and old age will find attractions at the Hallo'oim / >?>! phra firm fn crivpn hv t.VlP ; Prosperity High school Friday even' ing, October 24. Elaborate prepara; tions are being made for the affair. ! There will be special features of fun I and frolic to' be enjoyed in true I Hallo'een atmosphere. Besides music and dancing there ; will be numerous attractions, on the !"nidway!" There will be plenty of ? ? J 2 M i/S * T /\ W"\ AV* n /I A O A T* TT _ gOUU UUUgS Celt. l_/ciinjiiauc sci ved from attractive booths. Mr. S. .J. Kohn attended the funeral i of Mrs. Vinie Shealy in Irmo. j Mr. and Mrs. A. G. Wise, W. .1. Wise I and H. J. Rawl took in the Lexington fair Wednesday, making the trip in ; Mr. Wise's touring car. I Mrs. L. A. Black has as her guest her sister, Mrs. D. B. Groseclose, of Ehrhardt. ! Mrs. Janie Reagin visited relatives in Little Mountain Wednesday. Mrs. V. E. Kohn has gon- to Bessemer City, N. C., to visit her parents, Mr. and Mrs. J. C. Duncan. i Rev. ,Z. W. Bedenbaugh and Dr. G. j Y. Hunter are in Columbia attending the synod. 1 Col. E. H. Aull, Mr. Humbert Aull, and Miss Marcus of Jacksonville, the contest manager for The Herald and X?ws were business visitors to our town Wednesday. Miss Ethel Wtllis, of Saluda, is spending several weeks wit her aunt, Mrs. K. P. Wicker. The literary Sorosis meets Friday afternoon with Mrs. C. T. Wyche, at i which time the annual election of officers will he held. dewberry In It. i t<v>q tr,T7Qncr^iipai T.utiheran Svnod ?L HO JU ? UUJ3V**v?A? v. ... % j of South Carolina met in Columbia this week. Among the officers are Rev. (W. B. Aull, of Dyson, who is secretary. Newberry county is well repre! sented on committees and takes pro, minent part in synod. On the standI ing committee is Prof. S. J. Derrick. Minutes last meeting, Rev. J. J. Long, : Treasurer's report, Rev. Ed. Fulen wider and W. K.- Shealy. To nominate treasurers Rev. J. H. Harms. On pastoral district, Rev. S. P. Koon. Appropriations, Rev. Y. von A. Rser, .T. Mark Nichols. Appointment," R v. E. C. Witt, A. H. Kohn. Bonds of treasI ' urer, Revs. E. W. Leslie, J. A. Linn, Prof. S. J. Derrick. Committee on ex| ecutive committee, Revs. E. Fulenwider, .J. H;nrv Harms. Special re1 lerence, Rev. Y. von A. Riser. ! \FWS OF INTEREST HERE. I Rev. >V. T. Capers ElectPd as Missionary Bishop of Spokane. Greenville News. News has been received in the ciry j of the election of Rev. W. T. Capers as missionary bishop of Spokan?, by the house of bishops in session at the general convention of the Episcopal j church in New York. The news was received here with much pleasure bv the many friends of Mr. Capers. Mr. Capers is a s*~>n of the late beloved Bishop Ellison Capers, of the j diocese | of South Carolina, ana spent his boynood days in this city, where for twenty years his .father was rector of Christ church. For a number of years, the Rev. Mr. Capers has been rector of the church of i.he Holy j Apostle at Philadelphia. i The first announcement from New J York as tg the appointment gave the information chat Rev. W. B. Capers of Columbia, Tenn., was to be bis-hop I of Spokane, it now develops that a similarity in the initials of the two brothers probably caused the error. Home From the Philippines. After passing a week with .Jacob I weigel and family at 1461 North Fair Oaks avenue, Mrs. J. P. Mahon, of Xewberrv, South Carolina, has gone in "Jan TTVjinr>'?;pn tn me't her dailgll tvy A * w . _ ter, .Mrs. George Turnipseed, who is on her way home from the Philippines. (While in Pasadena, Mrs. Mahon was I entertained by Dr. aid Mrs. .James iA. I B. Sherer. Dr. Sh~rer was president of Xewberry college before becoming head of Throop college of Technology Mrs. Mahon and Mrs. Turnipseed will return to Xewberry, wh re i they will be joined in several months i by Dr. Turnipseed, who is a surgeon ! in the United States marine servic .? Pasadena Daily News, 14th. j "Kathleen Mavoumim" a feature of i th-3 different kind, Th Arcade Friday. MUSICAL COMEDY. . ! At High School Friday Evening?Interesting Program?The Public is Invited. Miss Kibler, the teacher of music at the High school, has arranged an j excellent program for a musical concert to be given at the high school j building on Friday evening at 8.30 1 nVlnr>tr T^ip arlmiccinn is frpp Thp concert is given with the aid of local ! talent in order to interest the peo- ' j pie of the community in the work at the school and at the same time to ; afford a high class entertanment for I . them. In otfaer words, it will help the people of Newberry to discover the 1 school house in their midst. Many of j i them have as yet not discovered the ; school house. The entertainment will ; be high class in all respects and you j: will be ertfertaned by going out and ! it is hoped there may be a larg^ at tendance. !; i^~ wm Game Wardens Day at the State Fair.; I The county wardens will meet at; 1 > the State fair auditorium. According i to and announcement made from the 1 < State game wardens office, Chief ] Game Warden A. A. Richardson is \ making plans for a meeting of the ] game wardens of the State on Thurs- .] ^ ^ pAlnmKio in tllO 1 UctJ Ul. 1.CIIX ? CCA. in v>uuuiiuia tu buv j auditorium at thn fair grounds. j Hon. Ben F. Taylor, secretary of j Audubon society will speak on that occasion, and Attorney General Pee- ( pies will deliver an address making plain the legal side of the game laws of j the State. There are several other j sp akers of State wide prominence * invited and will probably make addresses at the meeting which is ty ? ort ?t 10 n'rloek on the morning of ' the 30th. It is expected that this meeting will have the effect of better enforce- f ment of the game law through a j better interpretation of them, and that j county wardens will after conferring ! with one another be better fitted for | attending to their duties on a higher . | " i and better basis. ? . r BRIGHT A>D BREEZY. i! "Tlift Girl of >Iy Dreams ' Pleased j Lynchburg, Va? Audience. Lynchburg, Va., News. "The Girl of My Dreams,"' bright, breezy, and thoroughly -entertaining, which was the attraction at the Acad-, emy last night found favor with a good sized audience which became ; enthusiastic at the many comedy ; stunts and the dozen or more delight- ] ful melodies thai proved to be the. best collection heard here for some ( time. 1 * * " i,u : -. nivtllWP i i i'JlG piOl 01 LJUio mustiai miAbu^, ? though not start.ingly original, was briefly as follows: Harry Swifton, "an j all round good fellow" falls < in love with a Quakeress, who w ith tier iciiiicx", comes to his domicile. Half an hour before their arrival Harry's far runs into a motor containing Count Von Schnigglefits and the wife 01 one 01 those typical comic opera fire eaters General Bombastino. Helen Bombastino's hat is destroyed and she doesn't dare go home without it. To escape the predicament, she is locked up in Harry's bedroom, where she is sought by her furious husband. A low comedy milliner is sent for to _ I replace the hat, but all women look < alike to Lucy Madders and Harry is "in bad." The second act is devoted to getting Mrs. Bombastino out of trie house and Harry and Lucy into matrimony. The stunts introduced, including the count's really amusing j adventure with a ladder, make up for lack of plot and are responsible for the best mom nts of the performance. 1 Harl Haschna the c Dmposer, has ( -J ? cr>r\r& tr>" The li contriDiueu a ucnguum Girl of My Dreams." The opening j chorus "Bachelor Days" is in reality 1 good music as is the next number, < "Belles of Tally Ho Boarding School," ] , "The Girl Who Wouldn't Spoon" and "Every Girlie Loves Me But the Girl j T Love." The score deserves further I < - * \fv nrpams." I 1 i mention 01 1 nf uni wi ?, and t\e feature song, "Dr. Tinkle j , Tinker," which was capably sung by < I Countess Von Harizfeld. I ( i The company was good as to the 1 principals with Roy Purvianc- at the < head as chief comedian. He also displayed a very good voice. Next in i importance in comedy was Irving ( Brooks, whose dialect in the role of i f Count Von Schniggletits was esp cially i good, besides being very funny. He { ! was the original in 'he part. < Tho audience welcomed again to ( Lynchburg Countess Olga Von Hatz- i QUASHES CHARGE AGAINST WATSOX \ Federal Judge Throws Out Indictment?Another May Follow. Amnista np Hot 91 ?MnlHinc tlisf the indictment charging Thomas E. Watson, historian, editor ana formerpresidential candidate, with sending obscene matter through the mails, was ill gal, Federal Judge Rufus E. Foster todaV ordered the case thrown out of court. In sustaining the motion of the defense, made yesterday, asking that the indictment be quashed, Judge Foster brought the trial to an abrupt and unexpected close. The largest audience ever assembled in the federal court room here attended today's session, and when the judge announced his ruling dismissing cne cnarges agamsi the Georgia editor, the spectators broke into thunderous cheers. Judge Foster paid no attention to this demonstration, which quickly subsided. It was solely upon the contention raised by Mr. Watson himself that under the federal statute the entire alleged obscene article and hot portions of it, must be included in the indictment, that the court ordered the case dismissed. Extended argument upon the motion had been made by S. G. McLendon, Mr. Watson's principal attorney, and at the close of this the defendant asked permission to present w?hat he described as "another phase" Df the matter. Pleads Own Case. This being granted, Mr. Watson addressed the court today, laying stress upon his claim that the indictment should not select certain passages of the article written by him, but should include <he entire matter. He said that unless this were true, it would be possible to indict persons mailing copies of the Bible or the criminal code of Georgia. Argument against the motion by the United States district attorney, Alexander Aker^ian, was brief an<K was limited to a defense of the government's position that the indictment need merely indicate the alleged ob scene passages and not the entire articles in which they appeared. He said that he had decisions to support this but did not produce them in court, and Judge Foster ordered the indictment quashed. In announcing his decision Jud%e Foster said: ^ . .. . * 3Iust be Complete. \ "It appears in this indictment, in iliree counts, that the publication aheged to uavc been sent through the mails in violation of\the law is an extra ft from a complete article. It is Nearly my opinion tnat the govern- / ment is required to plead the entire article The ariici. is obscene as a N^iole or is not obscene/ and we can not.take out a few paragraphs here and ther? and charge them as obscene an J :11s kc - .'jin the basis of an. indictm . It may be that a passage here and there is sufficient to impress the whole publication witii obscenity, but the defendant is entitled to be charged with sending the complete article. The publication is an entire thing. It is not a part or extract. We would be able to indict a sender of ^he Bible on this theory? Can be Reversed. "I am not pretending to rule on any other feature of this indictment. The question of whether it is obscene f set out in a dead language is not passed upon. On this view I will sustain the motion to quash. "No proscription will have run. It is possible for the government to reindict and make these entire articles part of the indictment. I think that :s due to the d fendant in this case, i'hat will be my ruling." What course the United States district attorney will pursue still is in doubt, as he has refused so far, to discuss the matter. Mr. Watson, before leaving Augusta for his home at Thomson, Ga., expressed himself as satisfied with the outcome of the trial. He apparency was greatly pleased. :'eld in the character of the Quakeress. She is an exceptionally clever little lady not only on the stage but away irom it, and her performance last evening made her new friends in h r dainty depiction of her role which roc fiirrhpr adorned by a sweet and Tii-ii-?ofViotir? vnifP lupaiu^viv ? w*^ Miss Edna Von Luke, as Daphne, tvas splendid as a character comeJi ne. and her work was greatly appelated by rounds oS applause. There are various others who sing ind dance and act. which sums up a show that well compares with many 3f the two dollar attractions seen here aefore.