The herald and news. (Newberry S.C.) 1903-1937, November 06, 1914, Page SIX, Image 6
COTTON BOND BILL
House Jud/c/ary Committee Reports it
to Be a \ull/ty?House Adopts Report?Leg/slatiire
Adjourns.
News and Courier.
Columbir, Nov. 3.?At 1:30 o'clock
ir.::is morning the South Carolina legrj
VV\ rvrl c-i n a /I i \\* 1 t V* HI 1 t
islamic aujuuuicu oiut un,, .. ivv^v
taking further action regarding the
bond bill. **
Columbia, Nov. 2.?The bond question
is now hopelessly wrapped up in
technicalities. An issue involving five
or six times the present indebtedness
of the State is in such uncertain and
mixed up shape that 12 hours before
the ballot boxes are to open no halifdozen
good lawyers agree on what to
do.
Will the act be operative at the general
election tomorrow? Some say it
cannot be; some who contend that it
may be so construed by t'.ie courts are
likely to vote and thus cause more
confusion.
The tickets on the bond question
were ordered by foe senate sent to the
commissioners of election. Tie secretary
of state thought it sa/er and better
to send them to the clerks of court
of the various counties, and the ballots
are now in their hands. What are
the clerks of court, who are under
bond, to do with tee ballots? Some
may distribute t^iem and others may
keep them in their possession until
they are formally advised to distribute.
Judfc/ary Committee Reports.
The touse judiciary committee, after
careful study, holds that the cotton
bond bill is a nullity because it
does not become the law until midnight
Tuesday, many hours after the
election is over with. The report was
prepared by three of' the best equipped
lawyers of the State. It is concise and
reads:
"The committee on judiciary, to
whom was referred message No. 21 of
his excellency, the governor, as to
the time when t;:e act referred to will
become law without the governor's
?ipnnatnrp hp? fr> rp.nort:
"First. That the constitutional provision
reads as follows: 'Hi a bill or
joint resolution shall not be returned
by the governor within three days after
it shall have been presented to
him, Sunday excepted, it shall have
the same force and effect as if he had
signeti it, unless tie general assembly,
by adjournment, present its return,
in w/.ich case it shall have sucpn
force and effect unless returned within
two days after the next meeting.'
Computation of T/me.
"Second. That in the opinion of this
committee the computation of time in
lvl Ka m o rl n aY/^I limine
UlliLO laoc o-iiuuiu uiaug WJ
the day on which the act was presented
to the governor. This being so,
Friday is excluded, and tv.e t."ree dayswill
not be completed until midnight
Tuesday, November 3, 1914. This is in
accord with t':e opinion of our own
supreme court in thf case of Corwin
vs Comptroller General, 6 S. C., 390.
"The language of the court is as
follows: *T( at the three days wit1 in
which the governor is to return a
bill with his objection is to be computed
by excluding the day in whicSi'
tiie bill is transmitted to him.'
"In tbat case t':e bill was trins*'j
* * i-t- - mi U ^ ?
miuea to tne governor on luursuay
and it was held that he could return it
up to midnight ol' Monday night, and,
that failing to do so it became law at
midnight of Monday night, the general
assembly being still in session.
In Tli/s Instance.
"In this instance, the bill was transmitted
to the governor on Friday, October
30, and by the same calculation
will not become law until midnig'ht
Tuesday nig:':it, unless signed by the
governor or returned with his objec
tions without signing and passed over
his veto. However, if the general assembly
adjourns before Tuesday night
it will not become Law without the
governor's signature until the second
day of the next regular session.
''Respectfully submitted,
''Arnolus Vander Horst,
"W. F. Stevenson,
"Geo. S. Mower,
r or tn? committee. ;
The report "was adopted by the
"house and ordered spread on the
house journal. Hhis, however, will not
prevent folks voting the tickets sent
out by direction of t~e senate with no
statute for the election. If the ballots
are counted more trouble' willl ensue, j
It is agreed that the cotton bond bill
act has vaporized from a legislative
viewpoint.
Honse Adjourns.
After the judiciary committee report
was adopted Mr. Stevenson offered a
concurrent resolution fixing 12:05 a.
m. Tuesday as the hour for adjournment
sine die. Coming from Mr. Stevenson,
the manager of the bond measure,
the adjournment resolution was
promptly adopted. It then went to J
the senate, but at the hour fixed by
the house the senate was receding
from business to make a new legis- <
lative day. 11
Goveronr Blease appeared on the ?
floor of t':.e senate and joked with the
senators and told them that the bond
hill was sa' ely resting in his safe and
was in no way worthless, but perhaps
historic document as it could not
beccir.e law until Wednesday morning,
one minute after midnight, and the
polls will have been closed. T.ie governor
cited the decision in the 6th
. South Carolina and said there was
another of similar purport in a sub
' sequent volume. Adjournment sine
die wiM be had some time during the
"small hours" of Monday night.
House Follows Senate.
The house followed the suggestion
of the senate by undertaking to make
a new legislative day of thirty minutes.
Over on the senate side Senator
Cli ton made the suggestion so as to
get a third legislative day. On t'he
house side the house adjourned to
meet ait 12:15 a. m., and' then start
a nev legislative day. The idea is
to have the half-hour day count as a
legislative day and operate as the
o Tr f V? n f A /%/v+f An V\ av\ "Ki 11
U.CLJ HI ai V.UHUU UUilU Ulil
will have been held' hy the governor.
The judiciary committee of the house
considered t'iiis and reported that the
act could not become effective until
Wednesday morning, one minute after
midnight Tuesday. In the case quoted it
is specifically held that the calendar
days are to be counted and the days
of the week are counted. The South*
Carolina cs.se quotes decisions from
other States, and one from Mississippi
where it was held t'hat a day was 24
hours and nothing more nor less. Ail
j of this, however, is all the more con;
fusing.
Stevenson's \ietvs.
| 'Mr. W. F. Stevenson, the recognized
leader of the cotton bond advocates
in the house, regards the "jig" as being
"up'' in the matter of legally holding
the election. He thinks the constitutional
"holding of the act has eJi
fectually killed the elgislation.
; Mr. Stevenson said last night that
: the constitution gave the governor
three days to consider the bond issue
act from its receipt by him. exclusive
of Sunday. The exclusion of Sunday
established the fact that it is tinree cal:
endar days and not legislative days
| that is meant ,as it was never contemplated
that Sunday should a
legislative day, and it would have been
excluded without specifying it ii* legislfl+.iiYP
rlciv ihd'on mount i
fore, from the time of the receipt of
tiie bill on Friday, at a little after 10
o'clock, the governor had until at
least the same hour on Tuesday to return
the bill.
"The only question in my mind,"
said Mr. Stevenson, "is whether he has
until the same hour Tuesday at w'jfch
he received the bill or whether he has
the entire day of Tuesday, under the
rule laid down in the code, that you
exclude the first day in making the
r>!)il|pii']atirtn Tn oitVior* ovonf imloco +iv a
v/i**v M All Vl'V"Vi V/ T VUW) UiiiV-OO l>?- V
bill is returned, or signed on Monday
night, it is impossible for it to become
a law, because tie referendum must
be held and all of the voters must
have the opportunity to vote on it, and
if it became law at 10 o'clock Tuesday,
25 per cent oU the time for voting will
have expired, and it is presumed "Jiat
25 per cent of the voters will nave
seen about their votes, and votes cast
for or against the bonds beifove the
statute becomes law would be a nullity,
of course."
Mr. Kibler, in the course of the
evening, moved that the bond issue
message be ref erred to the judiciary
committee wilth a request for a written
opinion as to the status of the
cotton bond act. j
Governor's Attitude.
Here is an epitome of the attitude of
Governor Blease in his special mes
sage to the general assembly, expressing
his attitude on the cotton bond
act: j
If I felt that my action would be ;
final it may be that, holding the con
victions I have that this is t:e most i
dangerous act of legislation that has '
ever been presented to the people fcf ]
South Carolina, I wouLd unhesitatingly i
give my executive disapproval of the
act But the people, whose wishes I 1
hiajve always sought to ohey, and i
whose welfare I have always endeav- j
rvrpri rare for anH nmmnto Viovo <
the decision with, taem as to whether <
it shall become a law. I am so ap- <
pre'hensive of the dire disaster which <
may come to the credit oiJ the State <
by incurring such a fearful amount 1
of indebtedness for such a small State i
as South Carolina, and which, per- s
haps, and in all probability, in my 1
view of it, will not give any relie: j
to the poor farmers of our State, nor I
sufficiently protect the large planting ?
interests of many of our citizens, and <
so fearful of woful consequences as 1
may arise to our people at large, that I
i uesiLaie ii> assume any responsiDH- ?
ity for this measure. |2
Hesitant and Doubtful. t
"But I became hesitant and doubtful t
before the situation which my disap- ?
proval d' this act may produce, and I
v\Jhich. so many off our representatives t
and our farmers think would meet the I
?mergency which tlhey now face, and s
that it is for their benefit and wel- r
:are." t
The governor thinks he has "put it
u*p'' to the general assembly, while
the general assembly thinks it has
"put it. up" to the governor. So there
you are.
Of one V. ing there can be no question
: Th' -e r.as been no official ai
ver'ising on the cotton bond question,
and when the \oters go to the ballotbox
tomorrow t ey will not know
"where they are at.'' Xo one here
knows. Some say an election will be
all right, while most contend that the
act, in the governor's safe?-where he
is keeping it under lock and key?is as
dead as a Cape Cod mackerel in brine.
So t'l:ere you are.
Governor Blease, in his message to
iiie geneiai aabciii ui *, utsuuig v\ u v iit?
has held t:e cotton bond act, has this
to say:
Governor's Message.
I
i Gentlemen of the general assembly:
On account of the extraordinary occasion
which had occurred in our
State 1 felt it incumbent upon me, for
the welfare of the planting interests
in South Carolina and all classes of
our citizenship, to convene t'::e general
assembly in extra session to pass sucTt
laws as in your good judgment would
be necessary and proper for the relief
oi' the citizenship of our State. When
your body met. in accordance with my
proclamation, I tad the honor to communicate
to you suggestions with regard
to certain measures which itseemed
to me would, to a great extent,
relieve our people from the distressing
condition into which they had fallen
on account of the 'iall in the markets
'of their staple product and their in
ability to find the necessary funds
wherewitih to meet the demands thai
were made upon them, as well as t':e
consequences which would befall our
people for some time and until the
foreign markets couM again be open
to mem ana me reaajusLmeni or aifairs
made whicth had been produced
by tfce fearful and deplorable war then
and now raging in Europe and upon
the seas. You have now been in session
for nearly four weeks. To a great
extent the measures that I recommended
have not met with your approbation
and it is now too late for
them to receive adequate consideration
or to pass in any substantial form
to our statute books as laws olf tibe |
State.
T am nnff hniwPVPT in rAP.Afnfr frnm
your body, and -which you have rati-j
fied, an act entitled "an act to authorlze
the issuing of thirty-five million
(35,000,000) dollars in 5 per cent cou- i
pon bonds of the State, to be known
as South Carolina cotton bonds, and
to suLimilt ;Le question of the issuing
of the same to the electors at the next
general election, and" to provide for
the payment of interest and t'neir re- i
tiramemt, and to prescribe tne terms
and manner of issuing and delivery of
the same.'1 I am bound to officially accredit
the mem'bers of your body with
ha'viing passed this act in t:.e best of
good ilaith and patriotism, and that
you have brought to its discussion
and its consideration tfoe very best
thought and the most earnest desire
to give relief from t':>e distressing con
ditions which, surround our people.
The act is now ba ore me for executive
action, and I have endeavored
to give to it all the consideration
of which I am capable in this time o?
i
dire necessity to our people. It has
brought to me great embarrassment
and hours of most harassing anxiety
in endeavoring to reach a conclusion
as to what is my dulty and wfcat is
good for my people and State. ;
'With regard to the act I have grave
a r> connnc /I c? o o + r\ V+
ciiiu. ocnuuo uu uu'io ao tu v> i.^uici xi
meets with the requirements of our
constitution. Upon this point, however,
I feel compelled to forbear placing
my opinion as to such question,
which certainly presents some reasonable
dou<bt, before t'he express wish of
the representatives of the people in
such a State of affairs as tas arisen, j
The courts constituted for the purpose
oi' deciding these questions must
decide this question. If I were absolutely
satisfied that tbe constitution"
which in .my oath of office I obligated ,
myself to support and respect, forbids i
it, I would, under the solemnity of,
such oath, unhesitatingly disapprove1 <
this act. I am impressed with the ;
conviction that it is not fair to ourjl
citizens that tl^ey should be called up- :J
:>n to vote upon such a measure as |
,.jis upon sucn inadequate notice?in ;
'act, without discussion among them :
generally or knowledge of its mam '
'eatures.
At this late day it seems to me im- |
?ossiible for them to give the due con- <
sideration and free consent which the <
constitution intended if not enjoined. !<
3ere again the representatives of tfhe ]
>eople, however, have seen fit in the <
exercise o|f their legislaticve wisdom 1
ind in accordance witft their duty as (<
.uey vviisiuer u, y<isseu nnu rai ris i
;his act, which they by such action !
ire convinced is for the good of the |
>eople, and asked that it be submit- ^
ed to them. That the act has been t
>assed so hastily as to time, and that1
uch inadequate, if not actual lack o?
lotice, has occurred, may and should 1
>e a good reason w1h<y the voter should 1
NOTICE FINAL SETTLEMENT
Notice is hereby given that the undersigned
cs Executes of t:.e last will
tand testment of C. Hartman,
deceased, will make final settlement
on the Estate of said deceased in the
probate court for Newberry county on
November 7. 1914, at 11 o'clock in the !
:orenoon. All persons holding claims |
against said Estate will present same, j
duly attested, before that date and all j
persons indebted to said Estate will
make payment.
Ben. S. George,
M. G. Shealy.
Executors.
October 5, 1914.
i izniuntsi th s fiLLo
THE DIAMOND BRAND. a
ff Lfl'Ilcs! Ask your Ifrugglrt for A\ |
W^U Chl-chciuter s Diamond iJrand/i^X
?!?S^ IMlls in Red and Gold ntetallic^^^/
boxes, sealed with Blue Ribbon. \/
IHM Tnke no other. Buy of your *
flf DrucirMt. AskforCllI-CIIES-TER 8
J? DIAMOND KRAND PILLS, for 25
JZ years known as Best, Safest, Always Reliable
r SOLD BY DRUGGISTS EVERYWHERE
i NOTICE OF FINAL SETTLEMENT i
|
'Notice is hereby given ihac the undersigned
as executors of the last will
and testament of Alfred Denson, de- j
ceased', will make final settlement I
on t-e estate o? said deceased in the
Prcbate Court for Newberry county
on Monday, November 30, 1914, at 11
o'clock in tfc-e forenoon, and immediately
thereafter apply for letters dismissor.y
as such executors.
James Denson,
Tr* K T~\ m r% m
J11U. A. i-'CiiSUU,
Columbia D.- Denson,
Executors.
i October 30, 1914.
4t.
WEAK, WEARY WOMEN
LearD the Cause of Daily Woes an.l
End Them.
When the back aches and throbs.
Whon nnncon'nrl- io tlrtnra
| IT AAV^JLJ. UUU^^/ " WJL ik. J. O bVl bU> .
! When night brings n) rest nor sleep,
j Wfaen urinary disoraers set in.
Women's loi is z weary one.
Doan's Kidney Pills are for weak
kidneys.
Have proved their worth in thousands
of cases.
Read this Greenwood woman's testimony.
Mrs. Mary A. Griffin, 225 Sygert St.,
Greenwood, S. C., says: "I had kidney
trouble for years. It began with paiDs
in the small of my back and I felt dull
and languid. Having-been told tha
Doan's Kidney Fills were a good remedy
for such complain:s, I used them.
I now feel much better in every way.
It gives me pleasure to confirm my
former endorsement'of Doao's Kidney
Pills."
Price 50c, at all dealers. Don't
simply ask for a remedy?get Doan's
Kidney Pills?the same that Mrs
Griffin had. Fos'er Milburn Co..
Props., Buffalo, N. Y.
For Weakness and Loss of Appetite
The Old Standard general strengthening: tonic
GROVE'S TASTELESS chill TONIC, drives on
Mal-ria and builds up the system. A true ton-"
onH ?ur'? AT,r?'t:'"'r ?n<J children. 50
TAX NOTICE.
County Treasurer's office.
The books for the collection of State
and county tax will be open from. October
15th to December 31st. 1914.
Those who prefer to do so can pay
in January, 1915, with ? per cent;
those who prefer to pay in February,
1915, can do so by adding 2 per cent;
those who prefer paying from March
1st to March 15, 1915, can do so by
adding 7 per cent; after March 15,
1915, the boots will be closed.
in. a. -Taxpayers owning property
in more than one township or special
school district will please inform me
when paying or writing for the amount
of Ms or her tax. This is very impor
tant, there being so many specia1
sd'/.ool districts.
Those who wish to pay by the 31st
of December, 1914, and do not care
to come to the office, will please write
for the amount not later than December
25, 1914. After that time I am too
uus,y lu auswei leuueia ?ji uui.?/cijr.
In sending stamps, nothing above a
2 cent stamp should be sent, as I
sannot use them. *
If money is sent, it would be best
to register same; if sent otherwise, it t:
must be at sender's risk. b
By referring to your tax receipts of
L913, you will know the township and
special scnooi district, or Dotn, in ^
?\'hicli your property is located. N
T-e levy for 1914 is as follows: N
Mills N
State '6 N
Ordinary 'County 3*? n
Court House Vz N
Road and Bridge Note V* N
Ordinary County Note % N
Roads and Bridges 1 N
Constitutional School Tax 3 N
N
Total i*r2i;\
Except the following localities,' N
vhere an additional railroad tax has X
)een levied: N
Mills ' X
Township No. 1 l^ 'X
rownship No. 8 3 N
"ownship No. 9 2 !n
9
For years we have been stating
country that a great many womei
erations by taking Lydia E. Pi
pound, and it is true.
We are permitted to publisl
extracts from the letters of five
recently received unsolicited,
more convincing?
^ TTatvitvw Afp.?"T hnri mins in b
I could scarcely straighten up at
was so nervous I could not sleep, and
any better until I submitted to an operj
Lydia E. Pinkham's Vegetable Compo
woman."?3Irs. IIayward Sowers, IIo
2 Charlotte, N. C.?"I was in ba
pains in both sides and was ver
-rrrV>i/%Vi fViQ ooirl u'oo o rnmnr jiTlf
VV IlIOIl UUUWVl OUJ.U ?? uu
I had an operation. A friend advise*
ham's Vegetable Compound, and I glad
fine health."?Mrs. Rosa Sims, 16 Win(
3 Hanover, Pa.? " The doctor advif
husband got me Lydia E. Pinkhan
experienced great relief in a short time,
and can do a hard day's work and n(
196 Stock St., Hanover, Pa.
A Decatur, III.?"I was sick in Ix
cians said I would have to be take
ation as I had something growing in i
mit to the operation and took Lydia
pound?and it worked a miracle in m;
what it has done for me."?Mrs. Laub.
William Street, Decatur, 111.
5 Cleveland, Oiiio.?"I was very i
my side pained me so that I expe
eration. doctors said tney Knew 01
would help me. I took Lydia E. Pinl;
table Compound and I became regu
from pain. I am thankful for such i
cine and will always give it the highe
Mrs. C. II. Griffith, 7305 Madison Av.,
to LYDIA E.PINKHAM TO
(CONFIDENTIAL) LYNN, MASS
"onr letter will be opened, read an
r a. woman and held in strict confi
1
t if
? Mf: J.
is past.
I Cole's
HotBl
tallows no sm<
into the roori
you.
Burns soft coal, hard coal 01
4
See the name "Cole's" on the feed dot
of each stove. None genuine without
m. t -l
IMewberry
I Hardware Co.
And except the following school dis- N< 1
ricts, where special school tax has No. II
een levied: No. 1
' Mills No- 1
io. 1, Newberry 6 No. 2:
:o. 5, McCullough : 2 No. 3:
:o. 9, Deadfall 2 No. 4;
'o. 10, Utopia 1 N'?- 4j
'o. 14, Prosperity 6^4 No. 5
;o. 15, Saluda 2 A. i
:o. 20, Big Creek 2 levied
~ , n tVio a
o. lid, romaria..- < ~
i'o. 30, Little Mountain 10 those
to. 33, Jolly Street 4 A t
o. 34, St. Pauls ..2 all d<
o. 35, Excelsior 2 Per
o. 39, Chappells 4 a con
o. 41, Dominicks 2 15th (
o. 45, Trinity 4 of De
o. 48, Jalapa 4 All
o. 52, Whitmire 5 have 1
o. 56, Zion 4 see tl:
o. 58, Silverstreet 6 piece
o. 11, Hartford 2
o. 12, Johnstone 2
I
si
I in the newspapers of the jgB
i have escaped serious op- ^Bp
nkham's Vegetable Com- Wp
1 in this announcement fill
women. All have been %
Could any evidence be 1
oth sides and such a soreness
times. My back ached and IS
I thought I never would be \
ition, but I commenced taking
und and soon felt like a new 1 |
dgdon, Me. WH
,d health for two years, with Sg
y nervous. I had a growth W
11 never would get well unless *
i me to take Lydia E. Pink- 1
ly say that I am now enjoying J
>na St., Charlotte, N. C. \ |
?ed a severe operation, but my I
l's Vegetable Compound and I A
, Kow I feel like a new person 1
if. mind it."?Mrs. Ada Wilt, 1
id and three of the best physi- A
in. to the hospital for an operny
left side. I refused to sub- tf||l
E. Pinkham's Vegetable Com- mp|
case, and I tell other women
a. A. Geisvold, 2300 Blk. East ill
rregular and for several years ^
cted to have to undergo an opnothing
that
jham's Vege- (
lor ann frpp III V ^^^umSIvIVV
i good medi- Off fT
sst praise."? 7/ . j
Cleveland, 0. I I v* 1/ 11 | I
[EDICIffECO. fA /J) J
for advice. \\)\ W
d answered
dence. ^mlab~pinm?34^
\ffousewi/es j4
7ream w
SMOKE, NO DIRT
mmmmmmammmmmammmmmm
ig up the dust
nd the turkey
? their day
i Original j
last Heater l
Dke or gas to escape | J
no soot or ashes, ^ ?
's made that way. \ '
% \
i of its virtues. It has
Come in and let us
lem.
no other stove will suit
. A
wuuu, MtfBllfl
mm 1
3, St. Lukes 4 ^
3, O'Neall 2 ^ ?
8, Fairview 2 \ |
9, Swilton 4 \J
2, St. Philips 4 V
I, Wheeland 2
I, East River 2
I, Smyrna 4 |
9, Pressley 2 |
joll tax of One Dollar has been
1 on all male citizens between
ges of 21 and 60 years, except Wjj
exempt by law.
ax of 50 cents each is levied on
sons liable to road duty may pay *
lmutation tax of $2.00 from the
)f October, 1914, to the 31st day
cember, 1914. iSfffl
taxpayers remember all taxes Mj$m
)een listed separately, and please
tat you have a receipt for each flHH
of property so listed. mOjum^
Jno. L. Epps, MHHR
County Treasurer,
<C\ MMmm