Historical Newspapers of South Carolina

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THREE JUSTICES OX JO>ES VS DOMIXICI JUDGES GARY. HYDRICK AND ERA SER WILL HEAR CASE. Decided Supreme Court is Empower to Use Its Discretion in Any Cause. Columbia, December Tiiree mem oers oi tne supreme uourt ana mm Circuit Judges, in en banc sitting decided this evening that the Supreme Court is empoweied to exercise its dis cretion in any cause, irrespective of tlx ground cf disqualifiation, whether th< place of a disqualified member of th< shall be filled by appointineni of i-.e Governor or not, reaffirming the ZVIcAulay case, in which it was helc that three members constitute c quorum of the Supreme Court. Justice Fraser rendered a dissenting opinion The question arose when Fred H Dominick. assistant attorney general who is seeking a $1,250 fee for representing Governor Blease in a bone case, over the opposition of the comptroller general, who turned down the warrant, asked the Court to fill the place of Justice Watts, disqualified, in Al?/1 t /-\ r\r> n i /-* r I^ 1^ n uiuci LU iicai tnc pi u-iccumg. i 11c court's ruling tonight. in effect means that Justices Gary, Hydrick and Fraser will hear the Jones-Dominick case. The comptroller general will appear on his own behalf before the court. The following is the majority decision in full: Decision io Full. "On the call of this case for hearing in the Supreme Court it appeared that the Hon. R. C. Watts, associate justice, was disqualified from sitting by reason of the fact that the appeal was from an order by him. Thereupon the petilioaer, respondent, requests this court to certify u> the Han. Cole L. Blease, as governor, the fact of such disualifi cation, in order that he might commission some one learned in the law to preside in the place of Mr. Justice ~Watts. "It appeared to the justice of the court that there is involved a question of consitutiontl law, upon which the entire court is not agreed, to wit: \Vliether petitioner-respondent is entitled to demand as a right under the provisions of the constitution that the place of the disqualified justice- be filled, there being a quorum present without his attendance, whereupon the chief justice called the circuit judges to the purpose of determining said Question." r,_ MeAuiay Case Cited. "When the case of McAulay vs McAulay was heard by the supreme court it was composed of five members, Mr. Justice Woods being one of them, but the opinion which was rendered by an evenly divided court yas not filed until he had resigned. "The annpllanr's; attornev filed a petition for a reaearing in that case on several grounds, one of whic-.i was that the court was without power to render the decision, for the reason that it was then composed of only four justices. T.ie reasoning of the couit in the case hereinbefore mentioned shows conclusively that it is not incumbent 011 the court or the justices thereof to certify to the go.ernor the disquilafication of a justice in any cause or causes in order that he may immediately commission specially the requisite number of men learned in Qe law for the trial and determination thereof, whether t.*e disqualification arises from the fact of designation, when the unexpired term exceeds, or is less than one year, or where the disqualification is temporary, as in the present case, -or where the disqualification arises from any other cause, unless tnere is not a quorum present. Three Constitutes Quorum. "When the provisions of the constitution relative to this question are considered in their entirety it is apparent that when three qualified members of ~ ~ ?A. if ^ Lne court are present, auu it uiouctionary with the court so composed of the justices thereof whether they will certify the disqualification or temporary absence of any other member or members of the court to the governor in that order he may commission some one learned in the law to preside in the place of the disqualified or absent justice. Of course, disqualification of a justice or justices does not disqualify ihim or them from certifying the fact of his or their disqualification to the governor. ^Finally, it is contended that although the court, when composed of a quorum, has the power to render indp-ment in a cause it has not the power to certify to the governor that there is a vacancy arising from the resignation of a justice, in order that ttie governor may commission some one to preside in the place of the resigned justice. This position is untenable, as it is inconsistent with the provisions of the constitution and the construction placed upon them by this court. The supreme court is therefore empowered to exercise its discretion in any cause irrespective of the ground of disqualication, and it i* so adjutlgC -| ST< i Say, are you reai | Are you satisfied I Tf nnf wViv nnt? TVip JL..A. AAV VJ ? w tj V JL AX \/ | Increase your earning ca 5 ness education of the Dn ~! Business School, where y I edge of the following bn Banking, Bookkeeping, _ writing, Punctuation, 8u i Rapid Calculation. J TEACHERS. H.O.I | Robinson. .! Call at our Office. ii i ' i ; ed."' Dissenting Opinion. In the dissenting opinion by T. B. Fraser, associate justice, he held that ' under the constitution litigants in the i supreme court have the right ,to have the place of a disqualified justice filed J by executive appointment. This right ^ may be waived. Contnuing he says, j "Section 11 of Article 5 provides: All j vacancies in the supreme court or j inferior tribunals shall be filled by ! elections as herein prescribed, provid; ed that if the unexpired term does not exceed one year such vacancy may be I filled by eexecutive appointment, j "It is true the words 'otherwise prevented from presiding,' are general 'enough to cover all cases, but the specific words that immediately precede ! this general expression are disqualification. It seems to be, therefore, that the seneral words refer to disquali fication. This construction gives effect f to every provision of the constitution. "1. A vacancy for more than a year shall be filled only by election and no appointment can be made to fill a vacancy in any case if the term exceeds a year. "2. The place of a disqualified justice shall be filled by appointment. I "3. Three may be a quorum." I CHRISTMAS A>D SEW TEAR HOLIDAY I Cheap Excursion Rates Via the Atlantic Coast Line The Standard Railroad of the South. I i Tickets will be 021 sale from all points on the Atlantic Coast Line to all points South of the Ohio and Potomac and East of the Mississippi rivers including Washington, Cincinnati, Evansville and Cairo, for all trains December 17, 18, 19, 20, 21, 22, 23, 24, 2."> and 31 and .January 1, limited returning January 6, also to many points in the Northwest and Southwest, on December 20, 21, and 22, limited re ^ T n, ? 1 Q fVn!)-* nAnito UU IlIilg, .Jaiiliai V io, cvnu uujii (/uiiiw in Va., X. C.. to Havana, Cuba, on Dec-ember 20, limited returning Jan. 6th, 1914. Passengers must reach original starting point by or before midnight of return limits specified. For further particulars, schedules, reservations, etc. apply to ticket agents Atlantic Coast Line, or address W. J. Craig, passenger traffic manager, Wilmington, X. C., T. C. White, general passenger agent f j STATE OF SOUTH CAROLINA. I COUNTY OF NEWBERRY, Court of Common Pleas. : Mamie E. Kibler, Talula Witt, Mamie ! M. Salter. J. DeWitt C. Salter, LeRoy A. Salter and Clements L. Sal1 ter, .Plaintiffs, against T. Elizabeth Salter, R. Otwey Salter, Ellen Salter, Jesse Sheppard Salter ' and Joseph Zebulon Salter, Defendants. By virtue of an order of the court herein, I will sell before the court house at Newberry, S. C., on the first J Monday in January, 1914, within the legal hours of sale, to the highest bid-i - - 1' iU-i. 1 tV,n tmrn uer, an uiau jui ui iduu in i-iitt cv/?ix of Newberry, county and State aforesaid, conveyed to Jesse Y. Salter by James A. Burton by deed recorded in the office of the register of mesne conveyances for Newberry county in Book i 16 at page 560, wherein it is described ' as fronting on Main street thirty-five 'j (35) feet and running back-therefrom > i with the same width sixty-one (61) - j feet, and bounded by Main street, ; | lands of Charles J. Purcell and - j James A. Burton and lot of Otwey " t^1 * 1' ? a 1 _ 1^4. ' ana r. n;iizaDein saner, iuso a iul of land in the town of Helena, said j county and State, conveyed to J. Z. | Salter by John Shepp-ard by deed : dated March 2, 1892, and recorded in i the office of the register of mesne ! conveyances for Newberry county in l j Deed Book F> at page 633. wherein it i i* described as containing sixty-s"veu j one-huudredtii (7-1 ou > acre, more or i ??i WIW" '.n^iui 'I.f lilt, imm i, na?. | P! dy for business? with your income? re is but one wav to do it. pacity by securing a busi lughon kind at Newberry rou get a thorough knowlanches: Spelling, Shorthand, Type siness English, Telegraphy, I I ? IT T-nvpll J T, VIA T ^ K_y JLX? JL_^I V-/ T V .1?i ! Phone No. 244 1 j less, bounded by lands of Louisa V.! Williams, D. H. Wheeler, J. E. Mere- j dith and Mrs. Susan Halfacre. Terms of sale: One-third cash, bal- 'J ance payable in two equal annual in- ' I stallments, with interest from day of! I ;sale at the rate of eight per cent per j I I anmiro novohlo ormnallv cocnroH hv I I ; U A1XX UlAi, J^/WyJUUlV UliUUM-liJ ) UVVU* VU J j bond of the purchaser and mortgage of the premises sold, with leave to the purchaser to anticipate payment of the credit portion in whole or in part; the ' mortgages to provide for payment of ten per cent attorney fees in the event it has to be foreclosed or placed in the hands of an attorney for collection. The purchaser will be reauired to insure the dwelling-house on the premises in Helena in a sum equal to the credit portion and to assign the Jpolicy to the Master as additional security. Purchaser to pay for papers. H. H. Rikard, Master of Newberry Coaoty, S. C. December 6, 1913. ^ 11 if A ? Mrs. Jay McGee, of Steph- M w enville, Texas, writes: ' For j A nine (9) years, I suffered with TA1 B womanly trouble. I had ter- 9 9 rible headaches, and pains in wL jg my back, etc. It seemed as if wl I would die, I suffered so. At W ! ff last, I decided to try Cardui, ft | g the woman's tonic, and it w IE helped me right away. The 9 |j{g full treatment not only helped HFJ Kf me, but it cured me." Y&B fU TAKE Ll; Ti a i__! MS uaraui m M The Woman's Tonic m If Cardui helps women in time 2 ' K of greatest need, because it 3 ! IB contains ingredients which act C, j te' specifically, yet gently, on the jf j A weakened womanly organs. M J So, if you feel discouraged, fil ] tt blue, out-of-sorts. unable to Kj i S( do your household work, on ^ \ A account of your condition, stop ft j m W worrying and give Cardui a 9 g trial. It has helped thousands m of women,?why not you? S ij I? *r*? c 71 E?J COLDS & UGRIPPG ; 5 or 6 doses 680 will break s any case of Chills & Fever, Colds 1 & LaGrippe; it acts on the liver ,a better than Calomel and does not u Iripe or sicken. Price 25c. , i i en * -TIT7> r\rr? CJ/'MT'T'tJ PAPAT TVA 'z OJl Ai ?1 ur ov_/ u : ii vaiwv/jjitixi, COUNTY OF NEWBERRY, | t Court of Common Pleas, ; t Security Loan and Investment Com- t pany, 3 Plaintiff, f against j Einma V. Hair and J. B. Hunter, as 3 Assignee of Emma V. Hair, ;c Defendants, 11 By virtue of an order of the court t herein, I will sell before the court! t house in Newberry, S. C., on the : first Monday in January, 1914, within! t t.hp hours of sale, to the high- . est bidder, that lot or parcel of land : lying and being situate in the town of Newberry, county and State aforesaid,' . fronting sixty-eight (68) feet on i' Caldwell street and running back that; width for two hundred (200) feet (in-1 < eluding width of sidewalk), being Lot i * No. " described on a plat made by F.; < W. Higgins, surveyor, October 4, ' < 1906, and recorded in the clerk's of- i fice in Plat Book at page 288, bounded < on the north by lot of Mrs. F. J. Fant, on the east by Caldwell street, and i south by Lot Xo. 6. and separated from r lot of George Johnstone on the west < i by an alley way fifteen tiii feet in ' ) ' jHKk flH m r . i , II ^HPsSC* { ^5BbJ^'npi 5 1 * ' . n I here s ail tne perfect distilling Read this remarl of known superic I 4 Quarts Old Hickory Co 4 qts. Old Hickory Corn 4 ats. Overall Rye - - A * 1 qt. Liberty Bell Rye Total Per Price List You take no chance Smooth. Order to-day. EXPRESS PREP All C.E 1221-23 Market Street J. C. LEE, Presid't F. Farmers-Merc If you are going to Buiid, ] vite your CUMPLLI t HUU3L We manufacture and dea Stairs, interior trim, store pulpits, etc., rough and drc cypress shingles, flooring, ? Distributing Agents for I Estimates Cheerfully an< Woodward Lui AUGUS Corner Roberts < Our I QUALITY= %*-t* ?i ? nn flnT7 3 m nil itilAit IflAl UAf HOST OF YOUR II We try to express this thought with uch words as?clogged Liver?Lazy jiver and the usual common expresions, but it does not state the fact, 'he fact is that the Bile, nature's own ntiseptic and disnnfectant, is damnedip so that it flows feebly or not at all. The first evidence you have ia a leadache?a coated tongue?or diz :iness?or all of these. You someimes "wear" it off, that is, the dam jreaks or is overcome by nature? )ut while you are wearing it off, 'ou are depressed, grouchy, touchy illed with fear. You continually find fault with -ourself, as well as others. You lamned up with Bile. To release this 3ile you may take mollycoddle laxa.ives. You waste time, money and jnergy in trying these appologies. s'one of them really reach the spot? ;he Liver?none break the dam that .vidth, the same being the lot conveyed to the said Emma V. Hair by fas. M. Burton October 23d, 1907. Terms of sale: One-third of the purchase money to be paid in cash, the >alance in twelve months, with inter?st from day of sale at the rate of ?ight per rent per annum payable anmally, the credit portion to be secured by bond of the purchaser and nortgage of the premises sold, the nortgage to provide for ten per cent ittorneys fees in case of foreclosure >r if placed in the hands of an attorney f <)i* collection: the house on the m ?here's the I WHISKER i ! ever printed j per, or offered J j to the public. J I guarantee ir | back my guar 1 C. D. CH goodness in my w Dnrl c* a 11 omnr CA iiVI V/Ul CA U1 dglllfi table offer on two c >rity. express prepaid rn - 4 Quarts ( - - $3.00 n , - 3.00 y qts. - - 1.00 EXPREI a a Must be si - - 5>7.00 PERSON /M^ WSTT TTT on Lny vvnianc^y, iia guuu <xi Prompt shipment. D E ). cheath; CI E. GIBSON, Sec y & Treas. | hants - Builders Remodel or repair, we ininquiries. BILLS A SPECIALTY. 1 in Doors, Sash, Blinds, fronts and fixtures, pews, issed lumber, lath, pine ana ceiling and siding. , Hintkote Roofing, d Carefully made, tnber Company TA, GA. & Dugas Streets. Vlotto: SERVICE ; _! HMED-UP BILE AND IS ARE RRk'IFVFH IUV/ X 11 tu 11U1UU I UV holds back, the Bile. You can't expect to regain your old punch utnil this Bile is released?until it disinfects the putrid matter that is being fed to your body. Go right to the bottom of the trouble with the old fashioned, duly tried liver regulator?podophyllin [ (or May Apple Root, sometimes f gripe or sicken you, if you get PoDo[ Lax?a Podophyllin formula with the j I gripe and nausea taken out. Go to your friend, the druggist, and j 1 ask him about Podophyllin and PoDo- j ! Lax. Let him explain it to you. We j i guarantee the first bottle you buy? ! I vmi will hp nroud to guarantee it ever i r~~ ' - i ; after. Go to your Druggist and talk this over with him. E. E. Sutherland Co., Paducah, Ky. j Sold by P. E. WAT, DRUGGIST.' ' NEWBERRY, S. C. DBOMOBBBBM?naHRaMBMMHI I nremises to be insured to the amount j *" ~ I of the credit portion and policy as-j, signed to the Master as additional col- j lateral to the bond and mortgage. Purchaser must pay S100 on accep- ! tance of bid and if he fails to comply ; ? with terms of sale within ten days j said lot will be resold at his risk. The | i purchaser may anticipate payment of j j the credit portion in whole or in part, j Purchaser to pay for papers and re- i ; cording same. i H. H. Rikard, . Maxtor of Newberry County, S. C. ; December 6. TJ13. ! >est offer of V f PRICES 1 in a newspa- 1 [ in good faith Rfimpmhpir I 1 iy gocds and J antee. m EATHAM. 1 hiskey that our a f can develop? 1 elebrated brands | 1 Overall Rye - - $3.00 Jl all for > 3S PREPAID if lipped to ONE 11 thro?Pure?Mellow? . XPRESS PREPAID 1 UM, 1 1 HATTANOOGA, TENN. Words of Praise For Afayr's Wonderful Stomach Remedy KItIL "imtt "How thankful we are to H IB Wrtp.jflMHB you for getting a hold of v V your wonderful Remedy. fc. v'-J3V>* My wife couid not have ' Wf&ft &SI had but a short time to live ^ 1 al&StJ. ^MiB If she had not taken your Wat Wonderful Remedy when Saflk t^rf&Ur *^e ^ne more those i pa its she was '*1 >iavn*n? would have killed jK - her without a doubt. Now f aH/ 4 .\4 ^ **? free *rom al* p01"1' ajj J } f ? free from heart trouble and U | free from that disturbing j I 1 Neuralgia?all the results of five treatments ? and A the expulsion or five or six hundred Gall Stones. 1 .now sne is aDie to eat anything sbe wants and \ her appetite is good and before taking your ^e-iicine she had no appetite and when she ate .nythiug she would suffer death for so doing rid could not sleep at night; since taking your reatment she sleeps well all night long. T. A. VE vLt,. Roanoke, Texas." The dbove letter should convince you more, h '.n anything we could say in behalf of Vayr'v .VynJorful Stomach Remedy. Suffen-rs h.-illlH tTV nnA n*ac?? fliio "P omc*Arr??r\r\& Haca houid convince them that they car. be restored .o health? Nearly all Stomach Ailments are .3a*ed by the dogging of the intestinal tract /ith rr o'i and catarrhal accretions allowing on-">> -ids iruo che Stomach and otherwise e: system. Mayr's Wonderul K?medy painlessly removes these j ccr ii'ias v. iiiaout a surgical operation and puts " t end jo Colic Attacks, Gases in the Stomach ad Irt-^tines and all of the usual symptoms f Srom.icli, Liver and Intestinal \ilments~ Ask it drtig.cU* about Mayr's Woncurful Stomach 'jricuy or otiid 10 Geo. H. Mayr. Mfg., Chemist, ' 'V'-.'tirig St.. Cr:.-*>.eo, 111., for free booklet , . - , ar.d many grateful letters io have been restored. For Sale in Newberry, S. C., by Gilder & Weeks. A Consumptive Congh. A cough that bothers you continually is one of the danger signals which warns of consumption. Br. King's New Discovery stop the cough, loosen the chest, banish fever and let you sleep peacefully. The first dose checks the symptoms and gives prompt relief. Mrs. A. F. Mertz, of Glen Ellyn, Iowa, writes: "Dr. King's New Discovery cured a stubborn cough after six weeks' doctoring failed to help." Try it, as it will do the same for you. Best medicine for coughs, colds, throat and lung troubles. Money back if it fails. Price 50c. & $1.00. All druggists, by mail, H. E. Bucklen & Co. Philadelphia or St. Lonis. Perrons and Sick Headaches. Torpid liver, constipated bowels and disordered stomach are the causes of these headaches. Take Dr. King's I New Life Pills, you will be surprised how quickly you will get relief. They stimulate the different organs to do their work properly. No better regu'lator for liver and bowels. Take 25c. and invest in a box today. At all druggists or by mail. H. E. Bncklen & Co. Philadelphia m4 St. Louis. RUB-MY-TISM Will cure your Rheumatism Neuralgia, Headaches, Cramps, Colic, Sprains, Bruises, Cuts and Burns, Old Sores, Stings of Insects Etc. Antiseptic Anodyne, used internally and externally. Price ?5c.