The herald and news. (Newberry S.C.) 1903-1937, December 11, 1914, Page SEVEN, Image 7
Bp a *
P GET TO THIS BIG
L SHOES, SHOES,
K ' ar
W We can save yoa piles ol
L children. All kinds of i
I It's all cash in thi
| a
Make this store your
you, w!
~
INSURANCE >0W
IN CONTROVERSY
Quest/on is Whether Sink/ngr. Fund
Shall Cover R.sk ou Cotton
Warehouses.
(The State.
"In am of the opinion that it is not
only not the duty of the sinking fund
commission to insure this cotton, but
they fca/e no authority in law to do
so," says Thos. H. Peebles, attorney
general, in an opinion relative to insurance
of cotton stored in warehouses
under State supervision. Sev-,
eral days ago t?e comptroller general
expressed the opinion that cotton
held under State supervision
should be insured with the insurance
department of the sinking > und commission.
D. H. Means, chief clerk of
the commission, referred the matter
to the attorney general. The comp+-rvVli*>r
prrto v upff i
"be had previously erpressed and a.m-1
plified iiis statement.
T e following opinion was given to
tbe chief clerk of the sinking fund
k commission "by the attorney general:
*1 -beg to acknowledge receipt of
your letter, date November 30, 1914.
and handed by you to this office on
the 4th day of December. 1914, in j
which you ask whether the sinking j1
fund commission, insurance depart- :
l. ment. has anvil'.: in e whatsoever to do 1
I with the insurance obtained and !
maintained by P e warehouse commis- '
fioner under the appropriation act of (
1914 and tre act to regulate the storage,
grading and marketing of cotton. 1
f
Quotes the Law. j s
"In reply I will say that the pro- j t
viso of section 29 rf the appropriation j
act of 1314 provides that all insur- j
ance of public buildings, herein pro- j
vided tor <?.!>nrapriation. a*id all insur- 1 ?
ar.ee, the premium for which is paid y
out :)f any funds of institutions sup
k iK-rte-i in whole or in part by the ,
P State, the sinking fund commission t
is authorized and required to carry .
said insurance in the State insurance ^
sinking fund. ^
"Secton 17 of the ware* ouse act ^
directs the warehouse commissioner c
to insure and 1-etp insured, upon tie s
bast terms ol'?a;r.ab"e all cotton on <
storage. In case ol loss, he shall col- ^
lect the insuiarce due and pay the ?
\ s
same ratablv to i^ose lawfully enk
c<
titled to it. The same section proP
. 2
vides farther: 'The insurance policies
r to be ?n the name )'" tDe State and the
a
^ premium collected from the owner of
the cotton, the State to '!:ave a lien
si
on the cotton for insurance and stors:
age charges the same as other public .
warehouses in the State.'
"ft wi'l thus be seen that the appro- tr
priation act of 1914 requires the sinking
fund commission to carry insur- -j-j
ance on building^ and property of gl
insf.tntions where the nremiums
are paid out of the 'funds appropriated w
to f* ese institution?, while the ware-1 c,
1:o"jso art provides that the insur-/^
ance shall be collected from and paid w
by the owners of the cotton. This "be- p(
ing the case, I am of the opinion that ^
it is not only not the duty of the sinking
fund commission to insure this m
cotton, "but that they have no au- st
thority in law to do so. 2ij
"Sfaouki the warehouse commis- ar
sioner, under r.:e act estaoiisnmg wis m
department, purchase any warehouses tr
cr have other property on hand be- b>
longitii? to the State, this, of course, rc
wruid be insurable and should be in- sb
sured by the sinking fund commission, as
but m so <:'ar as the cotton is con- sh
cerned, as before indicated, the premiums
are paid by the owners of the pr
cotton and consequently it does not st<
come within the provision of section co
j
THE V
SENSATIONAL SALE II
, FOR THE VVHOL!
id every pair market
f money?good money?on D
veady-to-Wear Dresses for mt
to li
is sale. We can't af
BIG SAVING to yoi
headquarters, you'll find a bis
iether you come to buy or ju
LND BRCK
39 of tllie appropriation act, or any
ether statute in this State."
Statement by Comptroller.
a. vv. Jones, u.e comptroller general,
on reading the foregoing opinion,
made a statement as follows:
"Some days since I expressed the
view that the law requires the warehouse
commissioner to carry the insurance
'for this State institution under
his control with the sinking fund commission.
While it is not my purpose
ic enter into a controversy as to the
correctness cl the opinion of the attorney
general wl/.ich expressess tre
contrary view, I v ill state my reasons
for my idea, wi ich are at variance
with the advice of the State's chief
law officer.
"It will be noted ths;t 'section 39 of
lie appropriation act o: 1914 provides
that all insurance of public .buildings
herein pro.ided for by appropriation
and all Tnsuranc-e the premium of
Y.<hich is paid out of any funds of institutions
supported in whole or in
part by the State, the sinking 'fund
commission is authorized and required
to carry said insurance in the State
insurance sinking fund.' Section 17
of ti^e ware-house act directs ? e ware- ;
house commissioner to insure, and !
k^ep insured, upon the best terms obtainable,
all cotton in storage. In
case of loss he shall colltvct the insur- I
ance due and pay the same ratably to |
:hose lawfully entitled to it. The 1'
rame section provides, further, 'the ;
nsurance policies to be in the name 3
f the State and the premium col- '
c-cred from t':e owner 3 the cotton, :
' e Srate to have a lien on the cotton j *
or insurance and storage charges tfr.e 1
;ame as other public warehouses in i1
he State.'
State Institution. f
. ' c
"Having in mmd the law quoted in I,
he attorney general's opinoin. as well ^
s the entire warehouse act. it is my j
i
jew that the warehouse svstem is an !
c
nstitution of the State of South Caro- ,
i t
ma; that it is supported m part by j
he State, or indeed not wholly so. If:
hen t'-e premium on the insurance is j
aid out of any funds ol this institu- j "
ion?'the warehouse?so supported ^
v the State, such insurance must be |
I r
arried by the sinking fund commis- j j,
ion. !
I ^
"It will be noted by section 17 of f,
he warehouse act that the commis- i v
ioner is required to keep insured all c,
otton on storage in the warehouse 0.
nd that he sftall make this insurance p
ontracts upon the best terms obtainb!e.
1t]
"It certainly is contemplated by tfte
tatute that the warehouse commisoner
shall, out of the funds of the
istitution, pay the premiums on the ^
isurance obtained. Were this not le
ue, he would be unable to take out g]
le insurance which the law requires. v>.
I'.:e question then arises, are such in.irance
premiums to be paid out of
11 y funds of such institution?ice ^
arehouse system?supported by the
tate? Certainly so, if any part o
le $1">,000 appropriated under tne
arehouse act is used for -such puro-j
)se. I think with equal certainty
, . . E.
iat premiums on such insurance, to ^
? collected by toe warehouse com- 4
issioner from owners rf cotton or
orage, when collected and in the ^
mds of the warehouse commissioner,
to
e funds of that institution, which
A]
ust be deposited with the State
3 (
easurer and drawn out as provided
* the stutute. The act, it will be
Ai
>ted. provides that the commissioner
3
all keep insured all cotton on stor
?*n
;e, and that the insurance policies ?
all be in the name of the State.
"This provision of the statute
ecludes the idea that the individual ce
oring cotton shall insure his own ne
tton, or that he shall pay direct to Ar
/AK SALE IS rS
Vfifi W4H? Tft ?
i ivu uan s JV un
usmrasawMt i?I?m ? Jiw ? > > ?WQi ?mi
i FAMILY. Tliebi
J in plain figures at ]
ry Goods, Dress Goods, Outin:
ither and the girls. Cloaks,
ind in a LARGE, MODERN Dl
ford to charge goods
1 and it came just at
I hearty welcome awaiting
st to look. j
S. 1800 I
niaennBHHHHHHBBflB
the insurance company any premium
vLereon. Unquestionably no private
individual has the right to make any
contract whatsoever in fi e name of
the State. It then appears tnat it is
the duty Oa the commissioner to insure
the cotton in the name C. th?
State upon the best terms which he
may obtain, and certainly no insurance
company will insure anything
wit!.:out being paid a premium or the
premium being guaranteed by the insurer,
W ich is the State in this case.
Of course the State is protected from
any loss by reason of the payment of
insurance premiums, by the provisions
of the act, which gives to the State a
lien on toe cotton stored, to secure reimbursement
for insurance premiums
paid.
Handling tfee Funds.
"It therefore appears to me that
the commissioner must collect .a3] insurance
premium-s, and win-en they are
collected iby him .they are Ufund-s of
an institution supported in -w-hole vor
in part by the State.' T_e iact tkat
the premiums constituting such funds
are derived by the -commissioner from
individuals wh.o store cotton, can not
in my belief, change the fact t&at the
commissioner collects the same underauthority
o>.' the aet, and when so
collected must he placed in tlhe State
treasury as a separate fund of the
warehouse institution. Under the provisions
of section 20 of the warehouse .
act it is provided: 'The money ap^ro- ,
priated hy the act, and all sums collected
under it shall be held in the
State treasury as a separate fund for
he purpose of tbis act.' This section
-vill clearly include all insurance preniums
collected by the commissioner.
"In order to withdraw s;ich funds i
rom the State treasury, it must be
ione under section 751, code of laws,
912, which provides: 'All payments
?y the State treasurer, except for inerest
on the public debt, and the pay
f officers, members and attaches of
he general assembly, shall be made
>n warrants drawn by the comptroller
;eneral, and the vouchers for the
ame must be '.iled in his office.'
"1 therefore take the view that the
iw requires the insurance to be caried
by the sinking fund commission,
t is beyond doubt permissible, and it
'.:ould be done, because the sinking
und commission now has a contract
ith insurance companies outside the
tate, w'ereby $16.SO on each $100
f premiums may be saved to the
ublf#.
"It is also my view that even though
le construction of the statute be
ouibtful, though I personally do not
iel any doubt as to my own interrelation
of this one, t ie doubt should
e resolved in favor of the best invest
ot' all the people of tee State in
11 cases, and especially in this case,
here a substantial saving may be ef>cted.M
HANKS AMERICANS
FOR ENDING AID
New York, Dec. 7.?Messages of
atitude to American women from
lizabeih. Queen of Belgium, and tl>.e
uc'.ess of Vendome, sister of King
!"bert of Belgium, written at the
?adquarters of the Belgian army on
e firing line, were received here
day by the woman's secretary of the
merican 'Commission for Relief in
jlgium. The messages were cabled
H. C. Hoover, chairman of the
nerican Commission in London, who
is returned to England from Belurn.
Queen Elizabeth's message reads:
"It gives me great pleasure to acpt
the invitatfon to become patross
of the Woman's Section 6" the
nerican Commission for Relief in j
J
iOW IN FULL ]
50,(00.00v;o SicfN
si arm v s>'-?ei
V iT?f ?" V Pf,
i 1 k.riji r.. s
ggest sto:k o si
orices ne /e o of
L
gs, Flannels, >heetiags, Plaids,
Uiats, Men aad !5o 's >uits ai
EPARfMENf STOKE LlhE OU
s even for a few day
- xi i it ...in .
a ume wnen u win <
Look for the sign "M S
forget,;
Vlain Street
Belgium. I \visfo to extend to the J
women of America t .e deep gratitude |
of the women of Belgium for ti'ne work 1
they are doing for my people. The '
food which your country* is daily pro- j
viding to our women and children j
comes like a ray of sunlight in the j
darkest hour of Belgium's history, j
The Belgian women have fought a !
brave fight and are still fightin for
the common cause of i.iuman liberty
so dear to every American woman's
'heart.
(Signed) "Elizabeth."
The message from the duchess
said:
"I gladly accept your invitation to
become patroness of the Woman's
Section of the American Commission <
i or Relief in Belgium. I know that j
1 speak for every Belgian woman and j
every Belgian child when I say that
wo thank fJrv/1 for what vou are doinz. 1
Now that the exteremity of our distress
lis become known we feel sure 1
the tender hearts of tfve women of
America will respond to our cry. Food
is terribly needed by the millions Wco
still remain in tbeir native land. Before
winter is over, the need will become
still more desperate. In the
1
name of the suffering women and litl
tie children of Belgium, 1 ask the
women of America to help us.
OSigned) "Henriette."
<
Ceres Old Sores, Other Remedies Won't Core. ]
The -worst cases, no matter of how long standing,
are cured by the wonderful, old reliable Dr. i
Porter's Antiseptic Healing: Oil. It relieves
Paia and Heals at the same time. 25c, 50c, ft
DRESS m O
STANDA
Washington, D. C.
Norfolk, Va.
Richmond, Va.
eL
BLAST
w, Clean Fall and \
ing prices right and
f, MONEY ON YOUR
=n Newberry to seiec
before in this sectio
Cheviots, Bleaching, Undtrwi
id a thousand other things yo
RS.
s at such rediculous
Jo you tne most gooi
IlLF." There's none ether
your money back if you want
Newbe:
>*ews from CT mson College.
Clemson College, Dec. 3.?Last
*Vv A n A- TVirtMlrcorn'inrr rl o IT TTn
i.... uiauav, wcill'S iuawftogmug uajr
had a holiday. Several of the cadets
who lived near the college spent the
day with their home folks, while ov*r
two hundred cadets went to Atlanta
to see t'..e Clemson-Tech football I
game. A special train was operated
for tfce cadets going to Atlanta, the
train leaving at 6:30 a. m., Thursday
and returning at 6:00 a. m? Friday.
It is needless to say that the boys !
enjoyed ti-eir. trip to Atlanta with the '
exception of seeing the "Tigers" go i
down in defeat to the "Yellow Jac- j
kets/' As a whole, the football game '
was a hard : ought battle from -begin-1
ning till end. fThe "Tigers'' spent
Wednesday night in Gains'ville and
Thursday morning went to Atlanta J
on the special train. Our team was
mucj out--weighed "by t?ne Tech team.
After iN1 game finished and our team
returned to the hotel t'ne captain was
elected for next year's team, the person
receiving this high honor was i
Cadet Magill TV. K., of Abbeville. The j
prospects are -very favorable at pres- j
en: for a very strong team next year,
since much material will come from
the oresent freshman team.
A meeting of the Newberry county [
toys was held and a county club or- j
ganized. The following officers were;
elected: Cadet P. H. Seen, president; j
2. E. Folk, vice president; I. R. Was
ace, secretary and treasurer.
There are seventeen boys from New- ,
jerry county up tere this year. The ;
Allowing is the roll by classes: j :
?vl | III J PERF]
?1 j a .yOU ne
Jjr--j?-I jL A warm r
and dress i
y/jllltion Smo
/qfyff Heater vvi
t ordinary r<
minutes.
The Perfec
portable;
it to sitting
or attic ?
where extra
ed?and
convenient
weather.
ThePerfectioi
too?it burns
need it. Nocoj
\ ^ \ no dirt, no ash<
ing; easy to cle
c odorless and 5
r\ A /( CA D 'I1 For sale at hardwan
L/ iVl JF U Jtv JL Look for the Triang]
RD OIL CON
(NEW JERSEY)
BALTIMORE
f
\
%
I
Vint er Goods are
left.
FAU PHRf HASPS I
Z. i XAJJLi A VA1VAA12UJUV/
t from, and eich
n.
jar, tor men, women and
u would naturally expect
prices. It means
d.
1.1 .1 i rv i.
like tbis sale, lioo t
it.
rry, S. C.
Seniors, B'erley G. E., Folk, C. E., Senn
P. H., and Shealy A. L.: Juniors, Wallace
D. R. and Wright R. F.; SophcrYiArflo
T-T 11 r>f or? T\T 1? T nn or T? WT on/?
aiu; to, JLAUUC^I * t . uu L15 J?/. ?? ? a.iu
Singley L. K.; Fresnn-en, Camon S. P
Dennis C. M., Duncar J. B. Fe>,s
L. F., Folk J. H., Herbert J. E., Quactlebaum
H. L., and Saucers C. W Tne
honorary members are Profs. Keirt,
Hi.nter, Johnston, and Berley. The
purpose of this organization is to have
the Newberry county clufo in '"Taps
'15."
'The entire community was shocked
vi.en we heard of the very sudden
death of Prof Newman's little t':ree
years old hoy. Tae death occurred
, V ?O 1, Tit, ?
.yesieiutij ci'uui o u ciuciv. 1 lie '.uu*
eral services were held in Holy Trinity
Episcopal church today at 3
o'clock. This little child was taksn
very suddenly sick day before yesterday
while out riding with its mother.
It is not yet known when we leave
for our Christmas vacation. Examinations
begin Monday, Decem'ber 14,
l?14.
Whenever Yon Need a General Tonw
Take Grove's
The Old S^ndard Grove's Tasteless
chill Tonic is equally valuable as a
General Tonic because it contains the
well known tonic properties of QUININE
and IRON. It acts on,the Liver, Drives
lot Malaria, Enriches the Blood and
Viilds up the Whole System. 50 cents*
Invigorating to the Pale and Sicklj
The Old Standard general strengthening tonic
GROVE'S TASTELESS chill TONIC,.drives out
Malaria.enriches the blooa.and builds upthe ?>yslem.
A true tonic. Fur adults and children. 50c
"I" 11'II III IIUli 'IIIHilllliilfllMHHIlllinilill
^^TEISers
:ed a good,
oom to shave 3 1
n. A Perfec
k e 1 e s s Oil
J1 warm any
aom in a few
:tion is easily
'ou can take
-room, cellar
any room I I
l heat is need- Wi
t is specially "
in very cold
i is economical,
only when you
il, no kindling; %
*s. Good-lookanand
rewick;
smokeless.
i and general store#.
c trademark.
IPANY
Charlotte, N. C.
Charleston, W. Va.
Charleston, S. C.
=J