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V LIII, M1BEB 17 NEWBEREY, S. 0? TTESDAY, MARCH 30, 19T>. WEEK, si.:,0 Fire Fiend Sw Over Town TWFMY TWO BUILDINGS BURNED IN TWO HOURS I OSS ABOUT $25,000, With Only Small ILnsurance. Greatest Loss Is Residence of W. A. itfoseley?Good Work Done to Save Balance of Town. Special to The Herald and News. Prosperity, March 29.?Last Friday afternoon about 1 o'clock the alarm of fire was given and it was discovered that one of the warehouses on the C., N. and L. railroad, near the station, was burning. From ttfis point the fire spread rapidly until it reacted the stores on upper Wain street. All the buildings in this upper portion of the town were burned except two or A three small huts. All of the burned were constructed of wood 7V"" - except three concrete stores. The C. N. and L. depot cauglnt fire, but was sa/ved by some persons stationed at that point. The best work of the day was done when the flames reached the lower or the main business portion o! M the town. This portion of the tow*n is ; H composed of brick buildings. It seemed j mm impossible to keep tf:e store occupied ^ by A. iN. Crosson from burning, but i with blankets and plenty of water and the iheroic work of the great crowd of | people who gathered the flames were conquered at this point. Possibly one of the greatest losses of the fire was the destruction of tfc-e handsome resi<lenoe of Mr. W. A. Moseley. Every effort was made to save this beautiful Some, but the flames fairly devoured this building. The following losses were sustained: Two freight box cars loaded with fertilizer. ? * ? -i ? J *1 cnn Four warenouses. vaiueu at <?.?.,wv. , T. A. Domonick, fertilizer, $350. S. J. Kohn, fertilizer and automobile, ?500. B. L. Miller, fertilizer, $200. Morris Fertilizer company, Atlanta, Ga., $300. i A. 'H. Hawkins, fertilizer, $400. W. G. Mitchell, grocer, $500. G. W. Morris, groceer, $400. O. W. Amick, shoe shop, $150. W. L. 'Mathis, grocer, $2,500. E. A. Oatmis, .grocer and undertaker. $1,500. W. jL. DommirV, grocer, $450. - * ? -'XU ?J!TA A. L. BedeSHMKBgn, HWCKemuu, #tuv. X D. Hunt and Dr. 5. I. Bedenbaugh, sar*g?e, ^4SB. Besides- ?bese iosses, the following fSitfrtdu&ls lost as follows: G. C. Fellers, warehouse, $200. Th$?id JUeste^building, $200. Dr. E. fWEttrter, two buildings. $300. Dr. G. Y. Hunter, three stores, one ^ -shop, one garage, $3,000. S. D. Djincan, three stores (vacant) $1,500. Godfrey Harmon, one store, $500. N. L. Black, one store, $400. A. G. Wise, old school house and f contents, one warehouse, $2,000. f Telephone company, $1 200. W. A Moseley, dwelling, $5,000. ' These estimates make a total loss of $22,000. Only two of all these losers carried insurance, Messrs W. A. Moseley $2,200 and E. A. Counts $800. b The fire is supposed to have caught I irom a passing train on the C., X. and L. road.j j The people of Prosperity feel under f obligations to Sheriff Cannon Blease and his ti':ree assistants for the tbelp rendered during the disastrous fire. They came not to look, but pulled off their coats and went to work with all their might. In fact it is a pleasure for your correspondent to state that th-e people from the surrounding country came and rendered valuable assistance. Even the women joined t?e bucket brigade. After the fire was over the little ; 9-year-old son of ?Mr. Jacob Shirey was found to be missing, which caused a great deal of excitement and concern, as it was feared he had been 'UUin^U up. 4%.vV A? - iag ite was found by Rural Policeman r Taylor at Mr. Will Wise's home, about nine miles below Prosperity. Of exceptional liigh class was the entertainment given by the FWbfford y College Glee club in the city hall Saturday evening. The people of Prosperity were further favored on Sunday morning at i eeps of Prosperity Grace church by several selections : rendered by t.'.ese accommodating | Wofford boys. Sunday night they again favored the j d urch-goers at the A. R. P. church, i where the pastor, Rev. Xabers, lectured to the young people. A district conference of officers of Lutheran churches will convene here April 2, at Grace church. Dinner will I be served on the ground. Mr. Wm. Seel of Columbia, spent Sunday with Mrs. A. G. Wise Mrs. J. A. Hunt and i. er little daughter, Avice, of Millen. Ga., are spending ' * - i.'J ?AT? ^ ~ J me easier nouuays wuu aix. <uiu .vho. Mrs. B. B. Schumpert. Miss Clara Brown, of Little Mountain, spent the week-end wit'.i her parents, Mr. and 'Mrs. G. D. Brown. Miss Ellen Werts has returned from a short visit to her sister, Mrs. J. B. Bedenbaugh, of Pomaria. Mrs. J. S. "WLeeler is visiting her mother in Winnsboro. Mrs. Joe. B. Hartman spent several days last week in Little Mountain and Columbia. Mr. Johnnie Langford, of Wofford college, is home for a few days. Mr. Cecil Wyche, of Spartanburg, spent Saturday ana sunaay wiuu ms parents, Dr. and Mrs. C. T. Wvche. Ne^ro Woman Bnrned Special to The Herald and News. Prosperity, arch 29.?-About 3 o'ciock t! is afternoon, Mary Derrick, an old colored woman who lived in a house on Mr. Ambrose Dominick's place, about two miles from town, caught her- clothing on fire from the fireplace and jumped in the bed to smot)':er t;be fire. She was badly burned and it is probable she will not recover. There were several children in the house with her, who gave the alarm and the j rouse was saved. LOST SCBM)ARISE MAY BE RAISED Body Believed to Be Lost Boat is Only an Old Anchor?Effort is Renewed Today. Honolulu, March 28?Hope of raising the United States submarine F-4, submerged outside the harbor since Thursday morning, was revived again tonight when vessels engaged in the rescue work reported they finally had lrw^a + orl miccin o- /M-aft in uM'taVi 91 persons are believed to have perished. (Three day's search for the lost submarine has resulted only in unfulfilled hopes. Divers who went (town the two cables thought to have been attac&ed to the submarine found the heavy body was an old anchor, probably lost by the battleship Oregon. The water is so deep at the point wfiere the F-4 is said to have disappeared that navy officers asserted today without diving apparatus which would permit men to go down 300 reel, the task of locating the craft and lifting it, if it is found, will present great mechanical difficulties. |W. C. Parks, a civil engineer, has started construction of an immense diving bell, a 540-inch cast pipe, seven feet in height, fitted with a plate glass port, wf:ich is expected to be ready for duty by noon tomorrow. BI KTS TO SUCCEED LYON AS SHERIFF Mr. R. M. Burts, of Donalds, a farmOr* Woe Af A KVvnrilln ayyviuttu xu vjl rxuu^viii^ county by the governor on Thursday, vice C. J. Lyon, who had resigned to become marchal of the newly created westtern federal district of SoutJh Carolina. Mr. Burts was not an applicant for the place. He is a brother to the Rev. Charles E. Burts, D. D., pastor of the First Baptist cfburch, Columbia. Another brother is R. Clyde Burts, superintendent of the public schools of Rock (Hill. His father, tJ':e Rev. R. W. Burts, was for many years a Baptist minister. The family is of Ger man origin and has long been settled in upper South Carolina. B. H. Anderson. R. H. Anderson has a page this week to tell about the great sale that is going on at his dry goods emporium. He is offering bargain in fresh up-tothe-minute goods and asks you to come and inspect his stock and his prices. GALLON-A I80NIH LAW CONSTRUED ATTOKNKY (JKNKKAL FI NNISHES j OPINION TO DEPUTY. Peace Officers Are Not PrniJegred to Examine Record of Common Carriers?No Seizure Section. The State. In an opinion given yesterday, Tlios. i H. Peeples, attorney general, deals wit'.:' some of the questions involved in the enforcement of the "gal!on-amonth" whiskey shipment law. The attorney general 1 olds that sheriffs or other peace officers have nc. right under the law to examine the books of common carriers, since the dispensary law containing this provision was declared unconstitutional at til-e time it was passed and it was not re-enacted in the new whiskey shipment law. The opinion also discusses tJ..e right of /? _ i seizure 01 wmsKey. Mr. Peeples said yesterday that h? had not discussed in his opinion the matter of the constitutionality of the "gallon-a-month" law, because he understood t!'.:at ti e act was to be tested I in the courts on this point. The Opinion in Fall. The opinion, given in answer to questions in a letter to the attorney general from Deputy Sheriff C. C. Foster, of Greenville county, follows: "I am in receipt of yours of the 18th inst., in which you ask: " 'First. Can a man or boy carry a bottle containing whiskey in Ibis pocket wit-bout violating the law? " 'Second. Can I take the bottle off his person without an arrest warrant? " 'Third. Does the law give me the right to seize all over one gallon on the way to destination or any place of business? " Fourth. Can I go into tfce express office and look over the purchases wiCbout violating the law?' "I am herewith inclosing you a copy of the act, commonly known as the 'gallon-a-month' act. which was ap proved by tl e governor on the 20th day of February, 1915 "In the case of t'.:e State vs. Rookard. 87 S. C. 433, the supreme court held that 'a Ir-gal sale and purchase carries the right to the purchaser to keep iu his possession the liquor U 'has purchased, ^provided he does not apply it to an unlawful use.' The court further <aid, 'It follows that the provision of the act of 1909 making it unlawful "to keep in possession in this State' intoxicating liquors 'except as hereinafter provided' means that it should be a misdemeanor to keep in possession liquor, y/hich load been unlawfully obtained; ti-at is, obtained in a manner not recognized as lawful by that act or the unrepealed j provision of the act of 1907, or to keep ' in possession for sale or some other use forbidden by the statute, liquors lawfully obtained. Two Lawful Ways. "Under the present liquor laws, i liquor may be obtained lawfully in the following manner: First, by ordering 1 and receiving from without the State for personal use not exceeding one gallon in any calendar month, and, j second, by purchasing from a county dispensary. "W en a person obtains liquor in one of these lawful manners and it is 1 obtained for a lawful use, ne nas me j right, in my opinion, to confvey it from the place of purchase or from the place of its receipt from the common carrier which has transported it to Ibis home, where he ha?* a right tc? store it and keep it in possession. He has not the right under the 'gauon-amonth' act to store it or keep it in any place of business or club room or house, except in his own home or private room. "The expressions 'storing' and 'keeping in possession' in so far as whiskey is concerned, have been defined by our j supreme court in the case or &asiey vs. Peg, 63 S. C. 98, in wiaich the court says :'The offence of storing and keeping in possession contraband liquors involves the idea of continuity or habit. It may be that proof of contraband liquor would be sufficient to convict of the offense, if the circumstances were such as to induce a belief that the liquor was stored and kept in possession habitually.' "As to your second and ti-ird ques- J tions, I will say that section 831 of j Jt.' e code of laws of 1912, volume 2, provides that any person detected in j ill.' act of violating any of (he provisioi;s of the dispensary law shall be liable to arrest without warrant, pro- ' iicd a warrant shall be procured within a reasonable time thereafter. J If the person is violating t .e law by j rn?iYf-vin<r 21 nri hpin? in ,;&Sa(-SHion of i whiskey ior an unlawful purpose, you i ave the right to arrest him without warrant, provided a warrant snail be procured within a reasonable time thereafter. No Seizure Provision. "As to the right of seizure of liquor, tfcere is a question in my mind as to whether or not there has been any change whatsoever made in tl. e law in reference to tne seizure of whiskey. The 'gallon-a-month' act makes no provision wnaisoever as iu t.ie stitun; of whiskey which is being conveyed or transported unlawfully, or whida is being stored unlawfully. I presume you are familiar with your right of seizure of contraband whiskey under the law before t:.e passage of the 'gallon-a-month" act. Under the law as it existed before that time liquor,in tLe possession of any person for personal use or other lawful use was exempt from seizure. The dispensary law as it existed before the passage of the 'gallon-a-month' act was very drastic in its terms as to all liquors in possession of any person in this State. exeeDt such as were purchased from the -various county dispensaries. 'H'he Webb-Kenyon act, as passed by congress, removed such constitu- I tional restrictions, divested intoxicating liquors of their interestate commerce character and permitted the various States to enact such laws for the regulation and control of liquor as each State might deem wise. The pssage of fc'.:e /Webb-Kenyon act did not give life to the South Carolina statutes which were unconstitutional and from the decision of tJ:e court in y.e Atchison case, which has been j cited, the only manner in wioich sucn statutes would be and could become of torce would be by re-enactment by the general assembly of South Carolina. "As before indicated, all statutes, including the right of seizure, referring to interstate shipments of liquor for personal use, were unconstitutional and void under the interstate commerce clause of the United State constitution. The 'gallon-a-montJ./ act does not re-enact such statutes and I am of the opinion, under the authorities cited, that no additional right of * * ^ J v.. iU ? I seizure is comerreu uy cue &ain;u-amonth' act, and that the only powers you have along tJ.at line are such as you :fcad under the dispensary statutes before the enactment of the 'gallon-amonth' act. "Violators of the 'gallon-a-month' act may be indicted and convicted for violating the provisions of the act, but in my opinion no authority is given for the seizure of liquor except such authority as existed before the passage of that act. "In reply to your fourth quest .on. 1 will say that section ?25, code of laws of 1912, volume 2, provided th-u constables, sheriffs, etc., could examine the wny biUs or freight books of summon carriers. This along with otJber provisions of the dispensary law relating to shipments of liquor from without the State for personal use was unconstitutional when enacted. It inas not been re-enacted by the 'gallon-amonta' act, and I am therefore of the opinion t'.at you have no such right [ under the 'gallon-a-month' act. | "The foregoing is the law as I see J it, but, of course, my opinion is not I conclusive. It is for the courts to de! ~ C ^ a 4- 1o unHm* tho Q t H 111 tp L'lUfc? VY lid I 111C ]an *0 unuti vw<_ w? w j as enacted.'' Copies of the "gallon-a-amonth"' lawpassed by the general assembly were sent yesterday to the sheriffs of all or the counties from the governor's office. "I 'r.ope everything is going well in your county and that you and your magistrates will use every effort to preserve the best of order in every line." saiJ the letters which accompanied the copies of the new w1:iskey shipment law. Anderson Dry Goods Company. The iAnderson Dry Goods company is carrying a great unloading sale of fresh and clean and new dry goods and everything in tfce line of a real first class store. Don't forget when you come to town to -visit tibis store ana inspect tne gooas ana iue pntcs, You will find here what you want and the prices are right. TWO \E WBERRIANS RECEIVE CARNEGIE HERO 3IEDALS MESSRS. LEO HAMILTON AM) A. 31. CHAPMAN AWARDED 3IEDALS , in Addition to (he Medals Receive One Thousand Dollars From Carnegie Hero Fund. In the State of Monday is tfne account of the award to South Carolina of the Carnegie hero fund commission. Three Soutii' Carolinians are given j awards at ti"is time. Miss Sophia E.; Thomas, of Xewry, a weaver, aged IT, rescued Eva Gregory, aged 13, from a rabid dog at Xewry on June 18, 1912. A o f a f n a ti'anlr A a Ktt "\Tnccro PVi on. .TVO LU LUC V> V/l I\ u. yJLX C UJ O WXJLVt^-f" man and Hamilton to entitle tliiem to the award, the State says: < The exploits on which tJce awards are made to the South Carolinians are described as follows, in the report of ? the commission, copies of which have been received in Columbia: "Leo Hamilton, aged 50, merchant, helped to save George Kneece, aged :35, laborer, from drowning, Chappells, S. C., March 16, 1912, Xneece and three other men attempted to cross the flood waters of the Saluda river and their boat was upset. Kneece grabbed a limb of a tree and clung to it in the main current of the stream. A man wfco rescued two of Kneece's com- j panions said it would be impossible! to reach Kneece. 'Hamilton and a' companion set out in a flat-bottomed | boat, wJich leaked; and Hamilton,] using a paddle, got the boat to a tree j above Kneece, close to the edge of the | swift current. His companion un- j dressed there, and the water was j bailed from the boat. Hamilton then! noHy-nor? iriornmn cl i7 acoinof f Ti a Piirront ' and drifted to a'position beside Kneece. i He and .';is corapinion held the boat by grasping brandies and vines, and Kneece grasped the gunwale and rolled over the side. The bow dipped, and considerable water was shipped, but the bottom of the boat struck a limb and was prevented from sinking farther. Hamilton paddled strenuously and reached quiet water and then the bank at a point 500 feet downstream from* where :fce*f:ad gotten Kneece. "Andrew M. Chapman, aged 35, farmer and sawmill manager, helped to save George Kneece from downing, Channells S. C.. March 16. 1912. Chapman accompanied Hamilton and helped in the rescue." WILSON AND TAFT (SET ON THEIR KNEES j To Spread Xortar for Corner Stone of New Home for the Red Cross. i Washington. March 27.?President Wilson and former President Taft were central figures here today at the laying of tf:e corner stone of an $800,000 marble tome for the American Red Cross, erected as a memorial to the J women of the civil war. They kneeled together to spread mortar beneath the corner stone. A distinguished gathering, including members of the cabinet and the su-* preme court and officers of t'.:e army and navy, attended the ceremony. Mr. Taft, Assistant Secretary Breckinridge, of the war department; Miss Mabel T. Boardman, of the Red Cross, and Justice Lamar, of the supreme court, spoke. The president personally superintended the laying of the corner stone. THE BIG SALE GOES MERRILY FORWARD The big sale at the Mower company goes merrily on and the crowds continue to swarm to the bargain counters and the greatest is yet to come, according to tJ'.e statement of LMr. Freeiran, the manager in charge. fFhursday of this week is to be the big day. Special bargains are to be offered on that day for a few minutes only, and in order to take advantage of these special bargains you must be on hand promptly at the hpur and minute, but they are worth your wl:ile. Mr. Chapman, of the Mower company, says himself tnat he did not think it was possible to gather such crowds as came to the store last week, but seeing is believing, and he saw and was conquered. Read the announcements in this issue of The Herald and News and you will ) see the details of this greatest of sales. GENERAL NEWS ITEMS FROM CAPITAL C1TV MATTERS OF LOCAL INTEREST TO NEWBEliRY. Newberry College's Fine Record In the City Schools?The Confederate Home?Dr. Kinard. (By John K. Aull.) Special to The Herald and News. I Columbia, March 29.?In the reorganization of the Confederate home, Superintendent H. W. Richardson, of Columbia, has been succeeded by Capt. J. L. Wardlaw, of Columbia, wt:ose wife was chosen matron, and Dr. F. W. P. Butler has been succeeded by Dr. E. P. Derrick. IThe reorganization was effected by the new board recently ap j pointed by the governor, under tihe i act passed by the last legislatura. The superintendent and matron will be required to live at the infirmary. Col. D. A. Dickert, of Newberry, was formerly a member of the board, but tendered his resignation before the new appointments were made. Iq. ti e course or nature this institution will in a few years be useless. As a matter of fact, it is contended by many who honor and love the old soldiers and cherish the memory for" which they fought, the home i. as never met the need which it was ur^ed by | the advocates for its establishment tifcat it would meet. It would be a fine tJMng if the State could furnish a home for all the needy veterans, but the i number in the present institution is necessarily limited to a very meager proportion. IAn article by John 81ackbum?.physical director of the University of South Carolina, published ia t?e CoJmxfWa State, sets forth the remarkably Una record made by the champion basket ball team of Newberry college Use past season, characterizing the Newberry team as "the best college team ever developed in this State." He places the order of the teams as follows: Newberry. Wofford, Citadel, Clemson, Carolina, Furman, Erskine, Clinton and Charleston college^ "\"ewherry," he saysV-"has an Undisputed claim to tie first place. Tfceir jecisive defeat of iftbfford in the playoff for the championship left no doubt as to this. The only game lost by thei* J was to Wofford in Spartanburg. With most of their last year's team back and the addition of some new experienced material they turned out wfcrt may be considered as the best college team ever developed in this State." H'e places three of Newberry's players on the all-South Carolina team, and one on a second tei.m the selections being as follows: AM South Carolina team: Ashbaugi (Newberry), center. Earle (Wofford), forward. Baker (Newberry), forward. Danner (Carolina), guard. MacLean (Newberry), guard, captain. j A second team, whicf: is the choice of Mr. Blackburn, reads as follows: Folger (Citadel), center, captain. ! Bowen Carolina), forward. | Patrick (Citadel), forward. | Paschal (Newberry), guard. ! Gee CClemson), guard. ! This is a fine showing for Newberry in this clean sport, and is a source of gratification to the many Columbia i alumni and former students of the institution. i Mr. A. H. Hawkins, of Prosperity, ' and Dr. Geo. B. Cromer, of Newberry, have been appointed by Gov. Manning among t':.e delegates to the forty-second annual meeting of the national conference of charities and correcj tions, to be l eld in Baltimore May j 12-19. The delegates include the su. norint-pnrjpnt anrJ rprents Of the State ^ - -O hospital for the insane, the members of the State board of charities and corrections and the directors of Che penitentiary. Dr. James P. Kinard, formerly of Newberry, later professor in Wintnrop college, then in t):e Citadel, and now president of Anderson college, was in Columbia this week. In a statement given to the press he says that Anderson college was never in better condition than it is today. An acti.e canvass will soon begin for the purpose of raising $100,000 for the institution. "The citizens of Anderson," said Dr. Kinard in tis interview, "are ready now to start this subscription with j from $15,000 to $20,000 and tt" e college | will certainly get the remainder -from the rest of the State."'