The herald and news. (Newberry S.C.) 1903-1937, March 31, 1914, Image 1
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