Historical Newspapers of South Carolina

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% e VOLUME LIU NUMBER 4. NEWBERRY, S. C., TUESDAY, JANUARY 18, 10U. TWICE A VT1EK, fUl A YEAS. . ATTORNEY GENERAL WAS a ACQUITTED ON MONDAY k J.HfcY RETURNED VERDICT ON IN1 D1CTMENT. i ase Was Presented to Richland County Jury and Verdict Rendered. Special to The Herald and News. Columbia, -Tan. 12.?Attorney Gen- j eral Peeples was today placed 011 trial for the accidental killing of a negro By in a local club in Columbia. The f case was submitted to the jury without argument and a verdict *of not guilty was immediately returned. v LIEN FOR ADVANCES WITHOUT- WRITING L Supreme Court Decision Concerns Tenant and Landlord.?Circuit Conrt Reversed. W. F. Caldwell in News and Courier. Columbia, Jan. S.?The supreme; tnmVht handed down an im- j rportant decision reversing the circuit j court in a case involving a landlord's j lien. The decision of the court is by j -Justice Hydrck, concurred in by Cir- i c-uit Judges Prinze. DeVore, Sease, I Rice, Bowman and Justice Fraser, who concurs in the results, but dissents from the reasons. A separate opinion by Chief Justice Gary concurring and dissenting is concurred in by Justice Watts and Circuit Judges Memminger, Wilson. Gary and f Spain. The case is that of J. L.. .\exsen against R. E. Ward and the Atlantic Coast Line Railroad company, on which an en banc session of the supreme court justices and circuit judges was held on December 5, after the supreme court "had rendered decisions at variance. j I The Case in Question. I ; Xexsen rented to R. E. Ward a farm and advanced him. fertilizer to make "Ms crop. Ward refused to pay for A the fertilizers and was disposing of |fl| the crop when Xexsen obtained a war raht and had two bales of cotton seiz ed, claiming that he had a' statutory ^*en on it for his debt. On motion of ft Ward the circuit court, set aside the I warrant on the grounds t'^at the statutes do not give- the landlord a lien for advances to his tenant unless the same is in writing. This appeal ; questions that ruling. if The majority opinion reviews the statutes with regard to the agricult tural lien law. and decides that Nexsen had a right to the cotton and that the matter of record was with reference to subsequent creditors. The majority opinion concludes: "We must conclude that as between I him and his tenant the landlord also T ~ 1 o vo r\ AAC Has it UCU lUi au?a.nwo nnuwui, . i & ing. Of course, if he wishes his lien Hi *o Drotecf him against subsequent B creditors and purchasers, he must WL make his contract in writing and have :r indexed as required by the statute." I preliminary statement it is Wf announced: "That the record shows that when the case was heard in the circuit court it was agreed that the i ^ only question to be decided was whether th*3 statute reauired the K? agreement for advances, to be in writing in order to create a lien on the crop, and that is the only question presented by the exception:." PLANS FOK CONVENTION V Great Gathering .of .Laymen .and , Ministers in Columbia in February. i The State. The executive committee of the Lutheran I-aymen Missionary movement. which will hold its second convention in Columbia in February, tmet yesterday at tne lvumeran eoaru of Publication building to discuss the programme and plans for the convention. The committee is composed of George B. Cromer of Newberry, chairman; 0. B. Mayer of Newberry. C. M. Efird of Lexington. J. E. Cooper of Winchester. Va. and J. H. Rehder of Wilmington. E. C. Cronk, D. D., is executive secretary of the movement, W. P. Houseal, recording secretary, and Kenneth Baker of Greenwood. Treasurer. his worms prove fatal Beaufort CoHnty Merchant, Shot by Negrro, Dead. ry tseaurori, .Jan. 5.?-Mr. isaac uoiieuu the white storekeeper at Tomotley, about fifteen, miles irom Beaufort, w*ho was shot by an anknown negro t man, and who was brought here yesterda} morning for treatment, died last right at 11:30 o!clock. The negro who is supposed to have shot Mr. Donen has not been found vet, but ":r has been loomed that he has relatives here in town, and ihe , ^ lie riff is working on thai as a due. \ I THE NEWS OF PROSPERITY. ( Heath of Mrs. Missouri Long.?Personal Mention and Other items ' ! . Interest. Special to The Herald and News. Prosperity, .lan. 12?Mr. M. C. Morris has returned from a short ' visit to Columbia. j ' Miss Elberta Sease of Little Moun-; c tain visited Miss Willie Mae Wise c last week. r Mr. and Mrs. A. G. Wise will return 1 Thursday from Tennessee, with a J 1 caa load of mules. T The entire faculty of The Pros- ( perity High School attended in Newberry Saturday. < Prof. L. M. Wise of Chappells spent 1 the week end at home. Miss Mary Jones of Columbia and Miss Ellie Cousins of Newberry are ; the guests of Mrs. F. C. Merchant. ' : Mr. W. P. B. Harmon of Ninety : Six has returned home after a visit , to Dr. G. W. Harmon. Mrs .r c,_ Duncan of Bessemer city T X. C., is spending several weeks with ] her daughter, Mrs. V. E. Kohn. Mr. and Mrs. J. B. Bedenbaugh 1 spent the week end with Mrs. J. M. Werts. , Miss Marie Kohn returned to 1 Summerland college today. Miss Bessie Bowers spent Thurs- ' day in Columbia. Mrs. Addie Hodges has gone to Columbia to visit Dr. Simni. ; Dr. C. K. Wheeler and Messrs. Roy Fellers and J. A. Hans spent the 5 week-end in Columbia. Mr. C. G. Wyche stopped over to see his parents en route to Washington from Trenton. Mr. Wyche says Sena- ! :or Tillman is demonstrating "the outdoor life" by having his private coorptarv Mr Wvehe. wood chODning. ' Mrs. G. W. Harmon has returned heme from several weeks' stay to I Birmingham, Carrollton and Atlanta. Mr. Kenneth Baker was a business visitor here Friday. I Mrs. J. B. Stockman spent Monday in Columbia. 1 Miss Annie Laurie Lester has re- < turned to Columbia, after a visit to i her parents, Mr. and Mrs. A. M. Lester. , Mr. and Mrs. T. L. Shearly have returned from Columbia. Mrs. S. J. Kohn and little Mary Kohn are in Columbia the guests of Mrs. A. H. Kohn. ' Mrs. J. D. Boozer is visiting in Columbia. ! Dr. A. a. simpson nas reiurneu | rem a business trip to Coluhmbin. Mrs. Missouri Long, of the Holly rerry section, died Sunday inoriv:ng, ' "ftg: an illness of several weeks. The ( funeral services were conductd by >~c:r pastor, the Rev. J. J. Long, at Mascedonia church Monday morning. The following children survive her: Messrs. J. Willie, J. E., Ernest T.t and Miriam, Mesdames Warner and Moore. SUGGESTS CHANGE OF NAME. ( apt. Calhoun Proposes Plan For Clemson College. Anderson, Jan. 9.?That Clemson college would receive endowments aggregating many millions of dollars if ! the name of the institution were i changed to Calhoun college and the college placed wholly under the control of the State of South Carolina, was the statement made tonight by Capt. John C. Calhoun, grandson of lie South'Carolina statesman and oldest representative of the Calhoun i family, who is visiting friends here. He said that such an arrangement could be brought about by the annulment of the contract of the State ac cepting the Clemson bequest, by which the Fort Hill property would revert to Mrs. Floride Lee Calhoun, wife of Andrew Pickens Calhoun, of San Antonio, Texas, the lawful heir j of the iate Thos. G>. Clemson. He said ! t>.at she would deed the property back i i io the State of South Carolina for a* j -inn of money sufficient to make the transfer legal. He stated that money would be no object with Mrs. Calhoun, the heir, that she and all the family ; HL-a tft Cpp thp ! I i'UlJ IlCCClUil WUUH.4 I.V ^ ^ | j change of name and control purely j , for sentiment sake and the institu ! lion's good. Capt. Calhoun, who retired from ac- i i live business som6 time ago and who : j as since lived in London and New j ; York, says that he has known of sev-1 | eral instances where the college i i would have received larger endow- i I f/->.*> tVin foot flip ffillnSTP I j IllCXilS Ulil IV1 1UV.1 ~ ~ J - j bore the name of another than John C. j Calhoun, although it was situated on ! the Calhoun home place and because ! j the college was controlled by a set of j ( trustees representing an individual ind not the State. He is closely as- j sociated with the philanthropists of \ he East, who are giving large sums i | for education, and while he is person- j j ally giving to the education of poor j ! children in the mountains of the Car- j i - * - ? ? ~ ~ /-?? ? V* ^aaIc onrn tVlQf ! vMillclS, lie &CIJ s lie iccio on it i-iittu j Clemson college would come in for a ! large share of the endowments. Capt. Calhoun states that he is here i merely to visit his old home, thnt he j 'oes not care to stir up any big agi!f at Ion for the change of name and ; government of the college, but mak's j :'he??e statements knowing that. thr> ! college and Soui'.i Carolina won! I be \ 'greatly benfited thereby. ; iOV. ANNOUNCES HE WILL PARDOX 4. Y. GARLINGTON Innoiincement Followed Verdict of Jury in the ('. J. Hebert Case, in Columbia. Governor Biease announced Satur!ay evening that he would pardon nlin Y. Garlincton, former president >f the defunct Seminole Securities ompany Monday. Garlington is now nit on parole, having been released February 4, 1913. J. Stobo Young, >e secretary of the company, was i ecently granted a full pardon by j Governor Blease. Governor Blease's announcement j ollowed the decision as to- C. .J. He- j )ert in circuit court Saturday, when 1 he former sales agent for the South- | T rtrt m n 11 T1 V 5111(1 I I II Ljll.tr Hismaiat wuiywu; , , Seminole Securities company, was ac- | quitted by a Richland jury. "If home juries acquit men like ! E-iebert who resisted extradition to J his State and the men higher up are j lot punished, there is no use making j loine boys stay in jail or remain on i parole. Therefore, I am going to j irant Garlington a pardon Monday, j "There is no use trying any more | Seminole cases while I am governor )f this State." There were Governor i 'lease's comments in stating that le would p?"don Garlington. ^ 1 ? ? ^ 'xf Iwrio nil ; uarnngion \\;is uuiiMULeu' ui uica^u [ }f trust with fradulent intent and ! . as sentenced to three years' im- j )riscmnent. Young, the secretary of j he company, was sentenced to one I /ear. I Special to The Herald and News. Columbia, Jan. 12.?Garlington was | pardoned by the governor today. i tmi Jury Acquits Hebert. Columbia, Jan. 10.?C. J. Hebert, of Chattanooga, was accquitted to :lay of tne eiiarge 01 conspiracy auu i obtaining $9S,000 under false pre- , :ense. Hebert accused of securing $98,000 in the deal by which the defunct Seminole Securities Company obtained the majority stock in the Southern Life j insurance Company. Hebert declar-; ed that he 'had honestly earned any- j thing he got and claimed that the ' companies involved really owed him i money. The jury, after remaining out s.:nce 0.30 o'clock Friday night, returned a : vpr.fiiot. of not guilty this morning : about 10.30 o'clock. Two days were consumed in trying > the case in Richland county court of general sessions. SAFE TO LET THAW LOOSE. Commission Reports on Mental State j of White's Slayer.?Official Records Probed. p.nnr*nrr]_ X. H.. Jan. 11.?Harry j Kendall Thaw would not be a public menace if released on bail, according to the report of the commission appointed by Judge Aldrich to inquire into Thaw's mentality. The report says the commission finds Thaw is not now afflicted with j any of the mental diseases from which he was suffering when he slew Stanford White. The finding was announced today. * V-? While the commissioners say uiej have reached "a definite and positive opinion as to the present mental condition of Thaw and his probable state of mind at the time of the homicide,'' they refrain from expressing this opinion in view of their instructions from the court not to embarrass any i subsequent litigation where the broad question ol' insanity might be involv ed. j "1 pon the question of menace or | dagger through the granting of bail, j we may, however, be permitted and ; probably are compelled,'' concludes I the report, "to record our finding! that whatever may have, been the j mental condition of Harry K. Thaw at J the time of the homicide he now is i <V.on-i- rvf fhp mPTlt&l ' UUL JSUlLCi lUp nuiu wt ~ diseases alleged by tiie prosecution at, the time of the trials or subsequently j therio, na nely, maniac depressive in- j sanity, paranoia, dementia praecox or ( delusional insanity. Would Not Be Dansrerous. "In our opinion it is reasonably prob- j able that Harry Ker.dall Thaw's lib- j erty under bail would not be danger- ! ous or a menace to the public safety." j The commission comprised Gen. j Frank S. Streeter, a lawyer of this I city: Dr. Morton Price, of Boston;; T?.i. n A IrlnrhltiTnr-r eimprinTAriflent of . Butler Hospital for the Insane, Prov- ' - dence, R. I., arid Dr. Charles Ban-! croft, superintendent of the New j Hampshire Hospital for the Insane, j this city. The report will be consid-1 ered by Judge Aldrich early this week in connection witn the petition of Thaw for admission to bail under i habeas corpus proceedings. The ' judge Iras said that after the presenta- j ticn of the report, interested parties ;ray have an opportunity to be heard :>rther before the finest"*. of bail " "illy passed 011. No date for a hearing has been sat. Governor's i Sou CONMTiONSAND NEtDS j OF THE ENTIRE STATE A JTLEAR AND COMPKEIIENSIVE* REVIEW OF AFFAIRS. i? In Portions of an Able Message Governor Deals With Matters With Gloves Off. / I Special to The Herald and News. Columbia, Jan. 13,??The general j assembly of South Carolina convenes ' in annual session today. The annual message of Governor j Blease, after a brief introduction, j pays a fine tribute to the three de- j ceased members of tlie general as- j sembly, Messrs. Fred. Williams, of j Pickens, Geo. R. Rembert, of Colum-1 bia, and John C. D. Schroder, 011 X j Charleston. Education is stressed as the most J important question before the people J of tue Slate, and the adequate sup-' port of the free public schools as the! most important phase of the question ! of education. The one-mill tax for I the use of the free public schools?! the needy schools?to be dispensed j by the State board of education as that board may decide upon the most needy schools, is strongly urged, j T'ne governor expresses his friendship towards the higher institutions of learning, but demands that they he supported economically, and that the country schools be given their proportionate share of nhe State's educational appropriations. mu? +1-,? tV/i.n 'mtf^r-rnllesnate 1 lit? U,Cdtll?> 11 V1U V, loot-ball are deplored. The note given by t.ie governor and Gen. B. H. Teague to .supplement the fund to enable the survivors from this State to attend the recent Gettysburg reunion, is called to. the attention of the General Assembly, and payment requested. This note amounts to $1,700. The governor recommends that work upon the State farms, except the Lexington Reformatory, oe discontinued. He favors placing the able-bodied convicts upon the 'public roads. The matter of the State penitentiary leasing a county the county's own convicts is called attention to, and tr.e injustice of allowing- the State penitentiary to charge a county $4.00 l.er month for the use of the county's own convicts is stressed. A/rests upon mere suspicion are condemned, and the recent cases in connection with the Parr Shoals robbery are called attention to. I fnr "so-called detectives," n order that they may be held criminally and civilly responsible for false imprisonment, false arrest, etc., are strongly recommended. The establishment of a tuberculosis sanitarium upon land now owned by t.ie State *is recommended A flat two-cent passenger rate upon all railroads in South Carolina s again. strongly urged. Proper heat and proper electric, air, or emergency brakes are recommended upon electric lines in this State, -_j ?i. - ? ori this clIlU liie u: cm iiw effect is urged, in the interest of the protection of life and property. Excess charges for personal baggage on railroad trains are condemned, and recommendations-made along this line. The governor urges that smoking in.-public dining rooms and cafes, where, ladies are accustomed to be, be prohibited by law.* Proper restrictions in the matter of forming new counties ana annexing part of one county to another, are urged, the governor stating that he favors small counties, but is willing to have the State rr.ap changed only when- there is a real necessity for it. The governor favors steps for the eradication of the cattle tick, and urges that Clemson be required to take charge of the matter. He repeats, in italics, that he favors action for the radication of the cattle tick, but wants it done in a common-sense way, with -due regard to the interests of the tax-payers. In this matter. he does not want to do misunuersiuuu. He favors eradication of the cattle tick and strongly urges it, but wants it done in the proper way. The primary system is discused at length, and the governor's position r"],p;'.rs fully in his message published below. Details in regard to ths crfcrcc Annual Mest th Carolina mpnt of law are also %;iven to the people. Tne governor reiterates all his recommendations in his messages since he has been governor. "In other words/' he says, "I propose iyto uo my duty, 110 matter who else may fail in his and I therefore call your attention tc all the recommendations made' by me during tae sessions of 1911, 1912 and 1913, and again beg and insist thai you take* some action in regard tc these matters." me wonderful prosperity of South Carolina during the past year is reviewed. ^Violations of the Constitution by those in high office are again called attention to. The message follows: State of South Carolina, Executive Chamber. Gentlemen of the General Assembly: You have met in annual session, in obedience to the constitution, to take such action, as the law-making power of the State, as shall best preserve the rights and subserve tine interests of ail the pedple whom you represent, in welcoming you to the session oi - - ---'* - 'Utx r.ct Vi/-\rko tliat 11 IS Willi II1C UCCl, vuui your efforts in that direction may be wisely guided, and that you may worktogether in harmony in the performance of that Liigh and patriotic duty. The constitution provides that the governor shall, from time .to time, g;ve to the general assembly, information of the condition of the State ! ?nd recommend for its consideratior i such measures as he shall deem necessary or expedient. In the per1 to; mance of this duty and the exeici'se of this privilege, I Lierewitt j transmit to you my annual message. Your Deceased Members. | The pleasure, gentlemen, whicr i air,., ??iii ovnpripnnp in vour reunioi ' in annual session is not without ? tinge of deepest sadness. Thret I t.:::es during the past twelve month; | has the scythe of the Grim Reapei cut down your number, and .othei i names were called during your or : ganization today in the places occu j pied a year ago by Rembert, Schrodei I and Williams. To i!.:e memory oi , these three departed comrades yoi ! will no doubt pay proper tribute j The Hon. Frea. Williams, represen i ting the county of Pickens, had manj warm personal friends among you i and his presence and liis activities will be missed. Capt. John C. O | Schroder, of Charleston, was cu - * ~ C I dow*i suddenly in tne prune uj. * ; vigorous manhood. l'.:e picture o: i robust health as he mingled with yoi during your last session, little did an: j one think then t'nat ere you me again he would be called to his fina : reward. Capt. Schroder served hi; people faithfully and well, doin^ those things always as a representative of the people which he believet to be for their best interests. H< ! was active in military circles, anc ! was one of the most popular anc j valuable officers of the national guan ! of this State. ' f!nl Georsre R. Rembert was on( j of my closest personal friends, anc I his memory is very precious to me ! Stricken at the early age of '6$, h< ! was in the midst of a career whicl had already given him a prominence l which has not come to a great manj men in the history of our State s( j soon. He was a hard fighter, anc j he always fought for what he believec to be right. He believed in the peo pie, and he championed the cause ,o: ! the masses. His , ideals were high ! and to them he was true, it is use less for me to tell you of his work ai " ' 1 - 1 ? Dinlilonr 'a meaiDer or me no use num. lu^muv ccunty. Vou gentlemen know of hi* record. It is writ 011 the journals o your general assembly, and it liai ' now been closed. I want, however , to give you the last words which h< uttered in public. I want to writ< them on the pages of the permanen jistory of this State; I want to pu1 on record again, what he was for, ir order that our people in the future ! when they read llie glorious annals of their State, may know what man ner of man he was. In his last public speecii ne saia: "I shall fight as I 'nave fought ir the legislature for a reform in oui tax system. We have about the mos inequitable system in the Unitec , States. For years the burden has : been upon the masses of the people upon the small farmer and the mer , chant, upon those having tan gible property alone, while th< : intangible property of the verj ric.) has paid little or es : caped taxation altogether. 1 shal 1 ^ *? '-1' oc will liorht.PT 1 Tlgil.t lOl S>uun ^iiaiiQ^o the burden oil the shoulders of th< weak, and place it wher it belongs j upon the shoulders of the strong, j shall fight for a tax on water power I Millions of dollars in natural resorcei ! have been given away, while the peo pie have slept, and it is time to stop t otioii fi<rht oc; T haVe fought for < law that will make the newspaper; behave themselves, and force then , to give to everv'inan. regardless o ! ;age to Legislature ! his politics, a square deal. "1 shall fight for the election of : iudees bv the Deode. It is the only | way to keep them from ultimately ' j belonging to corporations. The peo'! pie should have as much right to say ' j who shall construe their laws as they , i have to say who shall make them;' > | Education. ' ! The most important matter which i can engage your attention as the re: presentatives of t'ae people is the i proper education of those who will be the voters and the mothers of the i next few years. South Carolina has i made marked progress along educaj tional lines. Our schools and colleges ! have experienced a growth both I! wonderful and gratifying. Even a ' ?? ?~ aV? Vv r>rao n)'n fhot" I lit; w iljjcipci YV IXXV^lX LLO.O jji octlsu^u wuv j nothing good could come to South ! Carolina during -my administration, i! said during the last commencement season: "There is no reason to de' spair of South Carolina. I^'ever before in the State's history were schools of i every degree, from kindergarten to j to university, doing a work comparable with what they are doing now, j and it is as sure as the day follows ; the night that the people and the I standards of their citizenship are : steadily improving." F-or a detailed ! statement of the condition of the j State's various higher institutions of learing, I refer you to their annual j report, and the condition of the j public schoolsis set forth in the report >: of the State superintendent of educa , tion. j My position as to our educational , institutions has been stated to you l j fully so often that it hardly needs i j repetition here. 1 favor liberal but . I not extravagant support of our high j er institutions, and I favor liberal i ! and adequate support of our tree public schools, so that the little coun! try children, many o? wteom can never ' receive any training except that of the country schools, may secure an ; education which will prepare them ; for the battles of life. There can be no question that the country schools iiave been too much neglected. There . ! c-atf* be no question that they have . . lit 1-1 o in / rkmrvflrison it^CHCU COW liiuv t,?. with the big appropriations lavished r . upon our higher institutions. I would not do aught to injure one of our j State institutions, but tlie people ol South Carolina today are demanding, I . nd justly demanding, in no uncertain . erms, that &e children of the country districts, and of l'.:e mill vil I j lages shall receive their just share j ji the State's appropriations for i educational purposes. We should L support cur higlier institutions, but [ [.we should steer clear of extrava{ I gaftce, and we should provide adef j quate facilities to give every white t ' child in South Carolina a common j ! school education, in comfortable I ?< ! >noihouses, under the training of J , ~ - 7 r ; good teachers who are paid sufficient ! j salaries to do the work. The people do I j not need and they do not want conij! pulsory education; what they nefed II and wnat they want and what they j j demand, and what "they are going to j j have is adequate school facilities# j One >fi!l Tax for Free Public 3 Schools. i I 1 respectfully recommend that you . j pass an act levying an extra tax of j j one mill for the use of the free public l j schools oi this State?not an abortion i j such as you passed last session, but ' a real act that will ao tne peopie ) so.ne good, along the line of my re1) commendation to you at your last 1 i session, w'Mch recommendation is - fresh in your' memories, or which f' you can easily refresh your memories , ! upon by reference to my message in : | your Journal of 1913. 5' Now, gentlemen, I impress upon 1 ; you the necessity of this 1 mill tzx, j j and of your making it permanent, f The country people want it; they are \ 1 demanding it, and they most assured, ' ly should have it. Your last act ? i amounted to nothing except a prac2 : tically useless tax upon the people, t Look at the schools which t received the money. How many' 3 i- XJ r\\tr -.>-10 T"? V i ' schools receiveu It LX\J W 1 LXO.XXJ , town schools got large amount ; of it?and today you are hearing it -! said that t;ie spceial tax will be taken j! off in districts which are -able to pay, ; and this money used instead. i , My purpose, gentlemen, was to help : I the weak country schools, where t | there is no special tax, and where the 1 people are not able to pay any?the > j weak country schools where there are ,; no ,:igh schoolc, and where the chil-. clren have little or no chance to orinmHrm ftxccnt what they may - j CX.J . j | be able to secure f in their home r j country schools. And 1 again appeal -1 to you along this line. I Some, I understand, have said they 1 would not vote for it because it would ; ! be helping Blease. 1c will be no. help , to me, gentlemen. I am too old to go [ to any school lie. w?not too old to .! iearn. I haven't any children to re31 ceive t'r.e benefit of this money, nor - i have I a brother or sister whose chil. :dren would receive any benefit from i it. But'I have thousands of friends 3 : in South Carolina who have children i who will be jeneSted by it, and I have f, many political opponents in South 1 r . ,