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f VOLUME LI I. NOTBER 26. ^ . ? MttBtRJ(l,SC? TtESDAY, MARCH 31, 1914. ? lWKE A WEIR, $1..V) A TEAR. f TIE GOVERNOR NAMfS ^ A NEWBERRY VETERAN TO ATTEND THE COtflSti CO\FEDERATE HE'MO>. j ! Mr. Jolin N. Bass Suggested ?y Governor?Other Items of Interest From the Capital. Special to The Herald and News. Columbia, March 30.?Governor T~> 1 Vkio nnmad \Tr- T rvV) n V RflSS. r>iea.5e uas uamcu <jUH> , t of Newberry, as the Confederate veter? an from this State to be entertained by the C. B. Bartleson company during the approaching reunion, in response *to a request from that company. The whole matter is explained i . by the following correspondence: "Jacksonville, fla., 3-24-1914. kHis Excellency Governor Cole. L. Blease, Columbia, S. C. "Dear Sir: We desire to contribute | 10 the Confederate reunion and have decided that we would prefer to do so B in ah individual way and we would ap-1 J preciate it if you would name some old j / Confederate soldier, who is not in a j position from a financial standpoint, to attend the convention. We desire to pay his railroad and Pullman transportation to and from Jacksonville and entertain him in the best possible manner at one of our leading hotels here - in Jacksonville during the reunion. J- ' rtlr? t W G UU IlUi iviiuw Ui SUV/11 an uiu soldier ourselves, therefore ask that you kindly appoint or select one for us. "'If you will kindly arrange this at your convenience, we will appreciate it very much. ("Very truly, "C. W. Bartleson Co., "Per C. W. Bartleson, Pres. "P. S. We expect to ente^ain four \ stfldiers from as many different j ' States." Governor Blease replied as follows: ' "March 26. 1914. "".Mr. C. W. Bartleson, President C. W. Bartleson- Co.. Jacksonville. Fla. "Dear Sir: Your letter of March 24 has been received. I desire in the first ^ place to congratulate you upJn the manner in which you have decided to contribute to rhe Confederate reunion ?entertaining four of the Veterartfc | from as mar.y different States. As per your request that I suggest a Veteran from this Srate, I beg to suggest Mr. John X. Bass, of Xewberry. He lost one of his legs, was a faithful and brave soldier, and I know of no Veteran more worthy .or who would be more appreciative of your hospitality. "Very respefrully, , "Cole. L. Blease, "Governor/' The Beaufort School Situation. Thp following letter is self-exDiana Tory: "Colonel John K. Aull, Private Secretary, State House, Columbia, S. C. "Dear Sir: I acknowledge receipt of your letter cf March 20th, which would have been answered earlier bat for my | absence from the office on official business. "Below is given a copy of the resolution offered by Hon. S. McG. Simkins and adopted by the State board of education at its meeting ir. the gover nor's office March 14th: " 'Whereas. The members of the county board of educariori of the county of Beaufor: have appointed or elected a negro as trustee of schools in that county, which is against the policy of the educational and other departi ments of the government of the Siate of South Carolina: " 'Be it resolved, that the Beaufort county board of education be requested to remove from office any negro who may be now-serving as a trustee on any district board of the public schools of that county, and to fill the vacancies thus created by appointing white men, and to report their action at once to 'the State superintend0 ent of education.' "For the information of all parties interested I may add that the negro trustees on the Beaufor: city school board resigned, and this information was reported to my office iMarch 17th. I UUi s rcspcvuuuj, "J. E. Swearingen, "State Supt. of Education." The resolution A*as offered at the Jr.3 ance of Governor Blease. k \0T IN SENATE RACE. John (iary Evans Will Not Make tlie Race?W. P. Pollock May Run For the Senate. W. F. Caldwell in News a.:d Courier. Columbia, March 2$.?The presence of a number of Anti-Blease members of tiie general assembly in Columbia yesterday, followed by the announcement rhis morning that former Governor John Gary Evans, of Spartanburg, would not be in the race for the United States senate set afloat rumors that a conference had been held, which had decided that the former governor should s ay out. These ru' mors gathered strength during the i day, but several of the legislators whose names were connected with the conference smiled when asked if one was held, and professed entire ignorance of any kind of a conference. Yesterday afternoon and last night a number of the leaders of 'the AntiBlease forces in the recent legislature were seen in Columbia. Former Governor Evans appeared on the Carolina Special from Spartanburg, and this morning the following announcement came out: "Jonn Liary t,vans, lormer governor of SoUtli Carolina, who was in Columbia yesterday on business, announced that he would not be a candidate for :he United States senate. He stated that the lines for the senatorial right were already sharply drawn between Serator Smith and the governor, and the campaign will be fought out between them on the issues already raised." i Representative J. .T. Evans, of Marlboro county, refused to admit this morning that a conference was held last night, and ostensibly hearing the rnmnr fnr thp first rime. When askerl hew it came about tha: so many of the . leade's in the general assembly from! various pars of the State were in Columbia yesterday, he thought it jus; "happened" so. This explanation, however. did not end the rumors :nat a conference was held, which canvassed | tiie situation, and decided that the sen- ! i a'orial figh: ought to be left to I'nited Stares Senator E. 1). Smith and Gov-! ernor Blease. A conference of the -Anti-Blease members of the general assembly, par ticipated in by several of the leaders, ] took place on the last night of 'the! session, and it was understood then tha: the senatorial situation was canvassed to decide whether former Governor Evans or Representative \V. F. Stevenson ought to enter. For several! weeks following the adjournment of ;he legislature, nothing was forthcoming, but abou: two weeks ago a "tip" came down# the line in political circles that a formal announcement concerning whether Mr. Evans would enter the race or not would be given cut. These rumbrs and developments in connection with the earmarks of o:her things caused political circles today to listea closely for rumors of last night's political conference of the \nti-Blease leaders in the general assembly. For Finley's Place. It is not decided here that Represenative Stevenson will enter :>.e senatorial lists. He is understood to be cr v rr r\ r* o r-j f r\ r? t Vl a cnot nAW %-> 1 <SKJ 1U111 i.V/1 CL 1 a.\,S~ LWl LUC O V- u t UU " held by Congressman Finley in the 5:h district. Former Governor Evans, after flirting \vi-:h the senatorial lists for %ome rime eliminated himself and announced the race was between Senator Smith and Governor Blease and the lines were drawn sharply between them. This however, may not keep other candidates out. Presistent reports reached here today that Mr. W. P. Pollock, of Cheraw, had his eye on the senatorial ring and has been consulting with a number of friends as to the advisa bility of entering the race. With the withdrawal of Mr Evans friends of Mr. Pollock expect a definite statement from him as to his intentions. Smith Forces Encouraged. Friends of Senator Smith are smiling over the announcement that Governor Evans would not enter the race and poin: -:o it as proof that Senator Smith is sure of re-election. They say that Mr. Evans, who was defeated by Senator Smith six years ago, canvassed 'the situation thoroughly and found the Smi h people :oo strong to % MAY VOTE OX DISPENSARY. Full Text of Opinion of Attorney (General in Reeartl to Newberry flatter. Special to The Herald and News. Columbia, March 30.?Following is the full 'ext of the opinion of the at. . . I tornev general in regard to Holding an election on -:he dispensary question in Newberry this fall. The effect of the opinion was stated in the last issue of The Herald and News: March 26. 1914. | Mr. J. H. Chappell, County Supervisor, Newberry, S. C. Dear Sir: I am in receipt of your request for an opinion as to wheiher an election on the dispensary question may be held in Newberry coun y during the year 1914. Section 2 of the act of 1907, page 4G4, provides that the question whether liquors and beverages may be sold in any county in this State shall be determined at a special election -to be held in each county on the first Tuesday following the first Monday of November of any year in which a general election fcrr State and county officers is appointed by law to be held, such e!ec:ion to be ordered by the county cunprvisnr nnnn thprp hpin? filed with ^ a him before the first day of May of such year a petition in writing praying for such election, signed by one-fourth of the qualified electors of such county. Af:er the act of 1907, just refe'-red :o, and by an act approved the second day of March, 1909, page 60 acts of 1909, the sale of liquors was prohibited in all of the counties of the State a..d it was pr vided that in the coun ties ;hen having dispensaries an election should be held on the \hird Tuesday in August 1909, upan the question 01 "dispensary" or "no dispensary." (This same act provided in tne i 6tli section thereof that in rhe counties which have here.ofore vjted upon vhe question of "dispensary" or "no dispensary" under existing or previous laws and have hd dispensary at this time, shall have a right at any time after the expiration of four years after the last elec- i.m 011 the liquor ques ion to hold an election upon the question of "dispensary" or "no dispensary"' as provided in the act approved the 16th day of February, 1907. The next act on the dispensary question is the act of 1912, page which provides for elections on the liquor question in certain counties pe tioning theifefor. This act, however, does not change in the slightest particular -:he terms of the acts of 1907 and 1909 in so far as counties occupying the same position as Newberry in reference to the sale of whiskey. I understand tha; prohibition was voted in Newberry county more than four years since, and before the passage of the act of 1909. I am of the opinion that under the acts of 1907 and 1909 an election on the liquor question can be held in Newberry counrv durins: the vear 1914 on the same date as the general e!ec:ion, upon the filing of proper pe:ition containing one-fourth of the qualified electors of the county, with the county supervisor. before the firs: day of May, II? 14. Yours very truly, Thos. H. Peeples, Attorney General. wedge in. There 'was no comment forthcoming from Governor Blease on the Evans staement. One cf his lieutenants smilingly said: "I:'s what I knew all the :ime. 1 never considered Evans a fac or, anyway." The State chairman did not indicate who he would support for the senare. Governor Blease leaves tomorrow afternoon for a trip to Washington, and it is expec:ed ':hat he Vill have something to give out on his return. iThe only thing he would say today before leaving was that he was going up to look over his seat in the senate and to get a line on affairs in the capital. Faces and Fortunes. 'sMy face is my fortune, sir," she said, Her husband sighed as he shook his head, "You're right! The cosmetics which there are mixed Have cost me a fortune to have it fixed." ?Washington Star. LEXI<;>TO\ (?KTS DISPENSARY i I Supreme Court Sustains Flection of August 19?Nix Dispensaries to Open. W. F. Caldwell *jn News and Courier. Columbia. Maxell 27.?The supreme court :oday declared the recent elec- j tion in Lexington county, when rne dispensary was voted in, to be legal. The action was brought by B. D. Rawl and et ay., vs. R. M. McCown and the State board of canvassers, which upheld the decision of the Lexington county board sustaining the election. The decision i was written by Associate Justice Hyd-1 ?{/%!.- onr? iroB />nn r>n rrflrl in hu Pn iof I 1 lV/rv axiu " ac i vu *** k/j Justice Gary' and Associate Justice Watts. Associate Justice Fraser dissented and Associate Justice Gage did not sit in the case. "After deducting the votes of the precincts which should have been thrown out, and all other illegal votes, there still remains a majority in favor of sale. For the foregoing reason the petition is dismissed, and the re-, silk of the election, as declared by the State board of canvassers, is affirmed," says the concluding paragraph of the opinion. \ Vote nf Wamin?. Calling attention to the general laxity in the administration of the elec* tion laws in Souch Carolina, Associate Jus.ice Hydrick issues the following . ote of warning in the following paragraph of the opinion: "Before en;ering upon the consideration of the grounds of contest it may be out of place .o say, as a note of warning io r hose ent'. usted with the administration of the election laws, that the evidence in this case, and others which iiave c^iiie ueuure \uis court, snuws laxness in the administration of those laws and such flagrant violations of tiiem as ought to startle any thoughtful citizen. I: is fraught with the greatest danger to good government, ana may result disastrously when much graver issues are at stake. At least since 1S9S the boards of registration have practically ignored the provisions of jie constitution and statutes on this subj jct. Only in rare and exceptional cases have they applied and enforced the tests prescribed ;o deter- j mino tliD nn1 ifipatinn rwf thn?;p \vhr? have applied for registration or adminis.ered the oath prescribed.' A Condition Precedent. Notwithstanding this court declared, seven years ago, in Wright against Boa'd, 76 S. C., o47, that the production ct a registrarion certificate and proof of the payment of all taxes due and payable 'for :he previous year was a condition precedent to a right to vote, and that every vote cast without doing so was illegal, a: some of the vo-tit.g places persons were allowed to ... . , i voie wunoui complying wun mose mandator}- provisions of the law. In Davis vs. Board, 86 S. C., 461, this court said, with regard to provisions of-'he law which are merely directory: ''These provisions of the statute should however, be observed by the- election officers, whose sworn duty is to administer the law as enacted by the leg' 1 ~ ~ T *. U ~ _ U ~ ^ ~ 1 J isiaiuie. 11 nag ueexi v\ t;ii saiu uiat before an election all provisions of the statute should be deemed and held by the officers cf the election to be mandatory. A..y wilful neglect of duty by such officers is made a misdemeanor by statute. Section 284, Criminal code." ( Supervisor I'plield. In the opinion the method of com puration used by t:.e supervisor in arMving at the manner of registered names on the perition and his action in ordering the election is upheld. The respondents made the objection before the court that the question was one of a public and political nature, involving no such private right as would entitle the petitioners to maintain the action, except in the name or trie state, dv tne cuuseiu cu the attorney general, which consent was refused. The court held that it was not necessary to secure the consent of the attorney general in bringing actions o: such nature, tha: a mandamus ia modern practice is nothing more than an action at law between *he parties, and not now regarded as a prerogative, b'.r considered an ordinary process in cases in which it is applicable. Could Not He Sustained. The objections ihta ballots voted | < APT! KKS SUBCKR. After Artillery Fire Sweeps Town, Infantry and Cavalry I)ash Into Streets. Gomez Palacio, Mexico, March 27.? Four days of fighting, including three desperate assaults by the rebels, were crowned today when Gen. Francisco Villa moved into Gomez Palacio ipstahlishpri hit; nparinna r;prs on that side of the town looking toward Torren and within three miles of that great goal of the campaign. The final and deciding assault was delivered yesterday. It was preceded by a bombardment, after vhich the infantry and cavalry dashed into the ?? x ? m reeis. Rifles, machetes, pistols and hand grenades were used in 100 different encounters in the narrow thoroughfares. The grenades, of home manufacture, were lighted by cigarettes, an unofficial pan of the equipment of every Mexican soldier. Gen. Villa does not know his own loss, except that it was 'heavy. The wounded suffered terribly from thirst and many died for lack of water and surgical attention. The dead of both sides were mingled in the streets or found 'huddled- und?er &<lobe houses or corrals wrecked by rebel shells. Veterans say more furious battle ever was fought in (Mexico. Prepares to >I?ve. Gen. Villa did not stop to mourn his losses, but with characteristic energy began preparations to move on Torrecn. He expec"s to cooperate with 400 men. under Gen. Herrera, who is under orders to atrack the town from the east. Newspaper correspondents were riormitio.l tn pnfpr thp pitv wi h Villa. ^ ? Everywhere rebel soldiers were rescuing the injurei and taking them ro t. ' railroad on impr?vised stre.chers. Tt o iir war. Let aiid redolent of s:ale blocd. Those with flesh wounds disdained to desert, and soldiers limping f' 0111 a wound in the leg or with one arm supported in a bloods.ained bandage were among the stretcher bearers. Villa's firs: assault in forc'e tooK place four days ago. There was comparatively a small number of federals in th^ city, and premature reports cf victory were sent out. Soon, however, the federals received reinforcements and Gen. Villa withdrew after a hard fight. did not comply with the requirements oi the sratute, the court held could no be sustained, for while the statute of 1912 does say -:hat the ballots shall contain the words "For sale of alcoholic liquors and beverages/' and others "Against sale of alcoholic liquors and beverages," that there was no prohibition against printing on the head thereof, the words "Lexington County. Special election upon question of the dispensary or no dispensary." The general eleciion law provides that ballots ?hall hp nf nlain white Daoer. two and a half inches wide by five inches long, clear and even cut, without ornament, designation, mutilation, symbol or mark of any kind whatsoever, and that no ballot of any other description shall be counted. S:>me ballots cast in the Lexington election, 011 which there was no heading, were contested by those in favor of the sale on the ground that they were not of than an eighth of an inch. Of this the court says: "They varied from tne size prescribed less than an eigh h of an inch?a difference so slight tha: it could not be detected, except by precise measurement with a finely graduated rule, or by the most careful and minuta inspection. As the difference was so slight tha: ir- was not appreciable to the eye, it could not have destroyeu the secrecy of the ballot. The lawmakers did not intend that legal voters j should be deprived of their right of suffrage by such a strict and technical construction of the statute which was designed merely to safeguard their right." Perfectly Safe. "I'm for peace.'' the statesman cried. "And for it I stand pat." He then remarked in an aside, "A harmless issue that." ?Kansas City Journal. i TEN ARE PAROLED AND COMMUTED BY GOVERNOR ONE IS A .NEGRO FORMERLY FRO It NEWBERRY. Sentence of Houg-h, Condemned to Electrocution, Commuted to Life imprisonment, V Special to The Herald and News. Columbia, March 30.?The following paroles and commutations were granted by Governor Blease late Saturday afternoon, before leaving the city for a stay of several days in Washington on business, mixed with pleasure. The governor is accompanied to Washington by Mrs. Blease and Assistant Atorney General F. H. Dominick. v The cases in which the governor took action late Saturday afternoon ) follow: Holland Cook, colored, convicted in Lee county, September, 1913, of breach of trust with fraudulent intent, and' sentenced to one year's imprisonment, paroled during good behavior. William Moore, colored, con vie ced in Charleston. February. 1913. of larcenv. and sentenced to three years' imprisonment, paroled daring good behavior. Tiny Ray, colored, convicted in Laurens, 'March, 1914, of wilful injury to property of corporation, and sentenced *o four months' imprisonment or to pay a fine of $100, sentence commuted to four months upon I>aurens public works or pay a fine of $50. Anderson Pickens, colored, convicted in Anderson county in May, 1907, of murder with recommendation to mercy and sentenced to life imprison ment, paroled during good behavior. John E. Hough, white, convicted in J Kershaw, March, 1913, of murder, and j sentenced to be electrocuted, senj tence commuted to life imprisonment. | George Carter olored, convicted in | Charleston, October. 1913, of mani slaughter, and seirenced to te.i years' | imprisonment, poro'.ed during good be; havior. Robert Wilson, cMorell, convicted I in Gecrgetown, Ocobe", 1914. of murder with recommendation to mercy, and sentenced to life imprisonment, 1 noroled duri.is: ?:ood behavior, and ud on the further condition rhat he never \ return to the coun:y cf Georgetown. Andrew F. Mitchell, white, convicted in Richland, June, 1913, of housebreaking and larceny, ana sentenced to serve one year, paroleid during good behavior. . Thomas Cherry, colored, convicted in Richland, September, 1912, of lar?ceny and receiving ?:olen goods, and sentenced to four years' imprisonment in the S ate Reformatory, paroled during behavior. Ben Hanna, colored, convicted in TTT^IK^w^okoMfv TnnA 1 QAQ /V? ACCOIlIf Wll 1 IU aiB U U I g , JUliC, WV U, ui CIOV3C41A11, and battery of a high and aggravated nature, and sentenced to serve eight years, paroled during good behavior. Rabert Wilson, mentioned in this 'list, is a son of Georgiana Wilson, of Newberry, and a brother of John Wilson, bet:er known in Newberry as "Rabbit" who was killed in Virginia last fall. He had a strong petition signed by people of Newberry, including some prominent Newberry ladies, and also a s'rong petition from Georgetown, signed by the mayor, councilmen, chief :Gf police, city recorder, and other prominent people. He had already served about ten years cf his sentence. An Explanation. New Orleans States. Mr. -Dorman found Mr. Johnsing in tently contemplating a piece of cardboard. Mr. Johnsing?Say, Mr. Dorman. what am de meaning o* tiis here line 011 de ticket whar it says: "Xot trans! ferable?" Mr. Dolman?Dat means, Br'r Johnsing, dat no gen'lman am aaipitI * ~ J . - 1 o. o. V* r\ TviCC^Tf j Ltti U111CSS lie k/U?ut3 uidavii. Slight Mistake. Washington Star. "Well, well!" exclaimed the nearsighted man as he sank into an easy chair, 'The fashions in women's clothes keep on getting slimmer around the ankles, don't they?" "That isn't a fashion magazine," ex claimed his wife, sharply. "That's a seed catalogue. What you're looking a: is a picture of a carrct." i