The herald and news. (Newberry S.C.) 1903-1937, April 16, 1915, Page FOUR, Image 4
I ||e jtralfi and jjans.
.Entered at the Postoffice at New'<*ny,
S. C., as 2nd class matter,
E. H. AULL, EDITOR.
*
I
Friday, April 16, 1915.
Next week we will tave with us
the Sunday school workers. This week
"we have had the Red Men. We will
do out best to make the convention a
successful one, and we generally do
irtiat we undertake.
We notice tbat the dispatches say
that operations have been resumed on
a small scale at the Dardenelles. If
the allies expect to get through these
straits they had better start on a large
6cale.
Gov. Manning has "allowed" the new j
appointee as superintendent of the j
asylum a salary of $6,000 a year. He
"will "borrow the money monthly on
his personal endorsement" to pay it
and ask the legislature to endorse his
action. Of course, we presume the
legislature will do so. This is just
.+ n-iorv fVta 'ealarv +!'- a trnVPrnOT* himself
* AVt tut OUIW-* j W ? \_ QW ? ,
receives. and nearly twice the salary
of the chief justice of the supreme
court. In fact it is the largest salary
of any State official in the State. It
is a new prerogative the governor is
fViof r\f rnAroacimr Sflla.riPR
VI AiiVi MW.w.
in this manner. And it is a new method
of increase.
We are pleased to note that Gov.
Manning!:as followed the suggestion of
The Herald and News and revoked the
appointment of a foreigner and selected
a South Carolinian as superintendent
of the asylum. We knew that there
"were physicians in South Carolina that
could fill the position and who would
undertake the work. We do not exactly
endorse tf:e governor in 5ns
course of doubling the salary, however.
Dr. iWtilliams is a goM man'and
we believe will fill the position acceptably.
With taxes as high as they are
tHis is not a gooa lime 10 ue muitrdsing
expenses. And the governor should
remember that the next session of ti_e
legislature will be the last one before
another accounting before the people
who have the taxes to pay. (And the
members might be just a little more
? * ' "*
tenaeriootea in tne maw-iug ui <iuuitional
appropriations. Probably they
will do as tf:e governor dictates.
NOTES ON APPOINTMENT OF PARDON'
BOARD.
IWhen the new pardon board was
appointed by Gov. Manning a few days
/^oilrr nowenanorc r^nrvrtin S?
ttgV/j uuiij uv ?? ^ jf w - - 7
the appointment first stated that the
appointment by Mr. planning "automatically
removed" the present board,
which was appointed by Gov. Blease.
A few days later, the same papers
stated that the terms of the old members
of the board had expired some
' time ago.
The statute as to the appointment
of this board reads as follows: "Section.
885?One of tfce said board sfrali
"be appointed for one year, and until
bis successor shall be appointed and
qualified; one shall be appointed for
two years, and until his successor
shall be appointed and qualified; one
for three years and until his successor
shall be appointed and qualified; after
"which the terms of office sfcall be tferee
years; so that the term of one member
thereof shall expire each year."
We understand that the members of
the present ' board, Messrs. Magill,
Turner and Craig, were appointed by
DTaa^/v a ttao rc 1 Q1 9 1 Q1 Q o"?1 1
vru v. DICaJC 111 Li- C Y ca i o jlvjlv UHJ
1914, respectively, so that under th??
statute creating this board, their terms
expire in the years 1915,1916 and 1917
The statute relating to the appointment
of the State bank examiner reads
as follows, in part: "Section 2645?
The term of office of the said bank examiner
si:all be four years."
it will be Tecaned tnat m April, iyif,
Gov. Blease issued a proclamation reciting
acts and omissions which 'ce
characterized as neglect of duty by
B. J. Rhame, State bank examiner, an.l
declaring that he did thereby, for the
imputed neglect of duty, remove
Rhame from his office.
That case was taken to tine courts,
and Mr. Justice C. A. "Woods, who was
then on tfce supreme court bench, now
a federal circuit judge, in writing the
I
opinion of the supreme court of So'itc
Carolina in that case, said:
"The question then comes to tr.is:
v.hen a statute creates an office to be
filled by appointment of the governor
and fixes the term for wliich the appointee
shall hold, but confers upon
the governor no power of removal,
does tl'r.e governor, nevertheless, ha..e
the power of removal under the constitution
or the statute law of the State
or tfae common law.
"Laying aside for the moment the i
constitution and the statute law of t>e
State, we consider trte common law
rule as established by judicial expression.
Surely, men of common seus?v
learned and unlearned, would be surprised
to find the law tw ue that when |
0-e legislative department has created !
an office to be filled by appointment j
of the governor and extended and lim-1
ited its term to four years, yet sthe j
governor could at will shorten the !
term by removal, although no power or
removal has ueen conferred. Such j
executive power is denied by :
bot.ii reason and authority. Tile j
governor, as chief executive, has no
prerogative control over officers such
as is held by the king of Great Britain.
The power of removal from office,
therefore, is not an incident of the executive
office and exists only wtoere it
is conferred by tire constitution or by j
the statute law, or is implied from the !
conferring of the power ^pf appointment."
I
The finding of the court in the
R!_ame case was that where a staate
creates an office to be filled by appointment
by foe governor, and fixes t-^e
term -for which the appointee sha:i
hold, but confers on the governor no j
power of removal, he has no power
under tl.:e constitution, the statute low
/-vt. tin a. fnmmnn law to remove him.
There is nothing in either the pardon
board statute or the bank examiner
statute providing for a shortening
of the term or removal by the governor,
or for an appointment for an
unexpired term, and it seems to a layman,
from a cursory reading of t?e
opinion in the Rlhame case, which ia
A - - s nc* nt n - x 4 Zr o f
reported in yz s. u., ai page too, uac i
as the lawyers and judges would st^y,
it is a case "on all fours" with the
case of the pardon Board.
It will probably be urged, however,
i
that the Blease board was only ,ip-1
pointed for an unexpired term and |
that ti:ese unexpired terms have at last j
expired. ' .
In tJMs connection, our attention has
been called to an opinion of the supreme
court, set out in the same volume
of South Carolina Reports, and
/
?1 "VC11 C?
wriuen Dy me same juuse, iui. ??wuo, i
that case being McDowell against Bsr- !
nett. This was a case in reference tc |
the term of office of a magistrate, i
Under the constitution, magistrates I
i I
"shall hold their offices for the term
of two years and until their successors
are appointed and qualified." The supreme
court held in that case that a
statute of the general assembly pror
viding for the filling of a vacancy in
the magistrate's office for the unexpired
term was unconstitutional, and
without effect, and that when the magistrate
was appointed, confirmed by
tJbe senate and qualified, ms tenure
was not for an unexpired term, but
for a full term. Applying this principle,
when the members of the Blease
board were appointed, their tenure was
not for an unexpired term, but for a
full term of three years.
It seems to us that the cases are
analagous all the way through, ana
we presume that it is tine law. as j
these principles were laid down by j
the court of last resort in South Caro- j
lina. Is it possible though, that such j
constructions of the. statutes as were
made by the supreme court only applied
to t':e actions of Gov. Blease,
and that now thev may be set at
naught by Gov. Manning? It begins to
look so, and that Gov. Manning, as j
chief executive has prerogative control
over officers snch as is held by
binr* nf CrPilf Tlntain -f rv Cjnnromo I
11IC Alll^ VI W* vWt
court of the State of South Carolina
to tfce contrary notwithstanding.
We have not noticed that the governor
has requested an opinion from
the attorney general on this subject.
He may, fcowever, have called on his
"legal adviser," for which an appropriation
of $2,000 was made at the
last session of the legislature.
It will also be recalled that during
i 1
Gov. Blease's administration, he did !
not with all of his imputed "parti- j
i sansnip,' attempt to remove tho oics \
| board, but they continued to hold ^n 1
and fr.eld their quarterly meetings (
drew their pay and I. ad no petitions
referred to them by the governor.
iWIe were just wondering what somcJ
of the papers would Cave said if t:e
| governor's* predecessor, when he appointed
Br. W. G. Houseal superintendent
of the asylum, had at the same
j time guaranteed an increase of salary
from $3,000 to S6.000. Tt <?#>pms to I
us that such a dictum from a governor
is unprecedented in South Carolina.
The retirement of Col. S. H. Hardwick
from the active service of the
Southern railway takes from that company
one of the finest gentlemen any
corporation ever had in its service.
The Herald and News hopes he may
live many years and enjoy the bless-1
ings of life in his Southern home.
? | (
Ed DeCamp writes a column ed-1
itoriai on :.og raising in a recent is- j
sue of the Gaftney Ledger. Wonder
what Ed knows about -cgs.
(
A letter has been addressed t'nis
I
week to each subscribed whose ,
time has expired requesting that he :
send at least fifty cents on his subscription.
The date of expiration is
stated in t'-e letter. It is not our
purpose just now to adhere strictly j
to ti-e cash in advance system, but we
do not desire to have many whose time
shall get too far in arrears. We say
a minimum of fifty cents because that
will place all of them up to date. Fifty
cents is a small amount to each vsub-'
scriber, and we hope that each one w?o i1
receives the notice will send that j
amount promptly. It will !;elp us very \
much at this time and will not incon-;
VAni Ar?na /\v> *a r\ott tmif !
auj uiic tu yaj. uu liut ^ui j
it off. Attend to it at once.
This has been clean-up week. Wonder
if every one has obeyed the order
to clean up premises. It is necessary
to keep on cleaning up. Once a year
does not do much. good. And how about
that dump pile out the Belfast road?
The Carrier.
Farm and Fireside.
He comes with all the inevitability | ]
of death and taxes, but unlike them j
hp is alwavs a wpknmp fallpr T.^ ht? :
'sure, he is oftentimes charged wit'.i j.
messages of bereavement, and notices j
of liabilities and of unperformed duties,
but for all tl.'.at he is welcome.
It is not his fault that he is not al- j
ways a bearer of messages of gooi
cheer.
/ He would rather bring good news,
[ but so long as he is the nexus between !
up o r? /I 4- Vl /~v /Miff?/? a Tir#Nw1 /i i n n . > I
i uo aim i**c uutoiuc \>uiiu, wuicu i?> vi.i j
affair of both good and evil, the fault |
is witia the world and not with the
rural mail carrier if the evil sometimes :
I predominates. i
He rises while it is still dark, ih-I!
I whatever may be the weather or toe I
i
1 roads, he brings the world to our doors.!.
; He is the very type of faithfulness, j
Should this nation fall, as nations ;
11
are doine: in otlier and less favored i
I w
climes, our first noticeable loss would
| be bis daily visits. Tbe rattle of hio
buggy down the road says to us all,
"God lives and the government at
Washington still exists." Other functionaries
of the government are bur-'
dons on our shoulders, but the mail
carrier bears our burdens.
He, more than steam, electricity, or
the telephone, annihilates distance
for us. j,
I ay ms iaDors we join aany in tae \
thought of the world.
He enables us to become a really I
united people, reading and thinking |
the same things at the same times.
He even brings to us the criticiici
of the very government wLich sends |
him to our doors with such unfailing j
regularity?and when the word goe^ i
out through the press that he, tho |
mail carrier himself, is a heavy load j
on the government, he delivers to us .
the indictment with a smile.
He is the guaranty of the notion
o era in f f f V? r\ /-j l t?i oi r\-r? nf + V> / - inf a ? i '
L tnc uiviciuu yJL lauu mu a j .
peasantry and a plutocracy, for tie
| serves Thought?and Tihougl'at alone :
I can make and keep a free people.
Here's to his health and his family, 1
may he live long?and prosper.
?
"Line Busy."
A new farmers' telephone line havj
ing seven subscribers has just been
! connected with the Prosperity ex:
d:.ange of the Southern Bell Telephone
company. The line extends four miles
out the Delmar road and( furnishes
service to the following well-known
people:
Augustus Hawkins, Eddie Merchant, (
Miss Mary Enlow, Mrs. Harriet Boozer,
i
Bun W. Boozer, W. Shelton Boozer and
TIiOS. J. Boozer, Sr.
The subsc-ribeds on the line are now
in constant telephonic communication
with each ot er and througi the Southern
Bell excnange with telephone users
in Newberry county.
The construction of this line and its
connection jvith the telephone exchange
here is anoi! er stop in the progress
of telephone development which
is being made by the residents o?-the
rural sections of Newberry county. Under
the plan of the Southern Bell com-1
pany farmers and other rural dwell- i
ers are enabledNto secure telephone;
service on an economical basis. As a
result, farmers in all sections of t.e
Stmte are installing telephones in tr.eir j
homes.
His Reputation.
IA surgeon, whose work lies largely
am^ng foreigners, tells the following
story which happened several year*
ago:
A woman who i. ad very little the
matter wit! her, was so interested in
her own case that she talked about
it every time opportunity afforded.
One day she said to the doc-tor:
"What would happen tc me if I cu t
not come when I did?"
"03, you prcbaly would have died ii j
you had come any sooner,'' replied v ? i
doctor.
The woman got well, and the doctor
dismissed the case from his mind. One i
day, however, a neighbor of l.e woman
appeared with a bad deformity
which was growing rapidly worse as
time went on.
"\\l y didn't ycu come 10 me sooner
with this?" he demanded.
"Veil you know Mis' Yolinson?"
"Yes," nodded the doctor.
"Veil she tell me saiy if dey com'-1
vaii tnn von kapl dem."
" " i
!
Judgre the Laneruvige. j
Dr. Hans Ricliter, who has resigned
the honorary degrees conferred on1
fcim by two of the English universities,
lived in England ten years, but never ,
became proficient in ti e English lan-!
guage, says the London Chronicle i
Many amusing blunders of his used to j
be passed around in -Manchester.
"She is not better; if she does nor jj
die, she swindles,"' he told a member j|
- - i- : 4-^4- ' E
oi nis orcnesira w..o ueu.nng o ai |
Frau Richter had been ill, inquired a* i
to her progress.
"Schwindel" in German means giddiness
or faintnefcs.
Subsequently it was decided that
Frau Richter should stay by the 'sea j
for some weeks, and i'*er husband ac-j
companied her to New Brighton, returning
the same day for a ,conc?rt.
A friend overheard him saying at the
booking office:
j "Gi^ me two tickets, one for me to il
onmo r>rio fnr mV "wife HO*. il
, ' !
to come back. ; i
i
j .
The Man?Of course, you under
stand, dear, that our engagement must j
be kept secret?
'The Woman?Oh, yes, dear! I'll tell!
everybody that.?New York American, i
>OTICE OF ELECTION.* j
Fursuant to the authority of an act
of the General Assembly of tl':e Srate j
of Sout?.i Carolina relating to Newberry j
School District, passed at the last session
thereof, and resolutions of tro
Trustees of Newberry School District,
passed in pusuance of said act, an elee-j
tion will be held at the Council ('ham-!
ber in the town of AewDerry on me ,
13tla day of May, 1915, between tiie |
tours of 8 o'clock in the forenoon and j
4 o'clock in the afternoon for the pur-j
pose of voting upon the question of
continuing the one mill levy, hereto- i
fore levied for the purpose of repairs j
and improvements to buildings, as an ;
addition to the general fund of the district.
Those voting for the continuance
of said levy shall cast a ballot;
whereon shall be written "For con-!
tinuing the one mill levy." Those op- j
posed, a ballot whereon is written j
"Against continuing the one mill le<. v." ,
The qualified electors of said di->-'
trict are alone to vote at said election. I
Said election will be conducted by '
J. M. Bowers, A. C. Welch, H. L.'
Speers. who have been appointed man- :' |
J- J i. AT
agers to conauci uie s<imc.
W. A. McSwain,
W. G. Mayes,
L. W. Floyd.
L. G. Eskridge, |
J. Y. Jones.
STOCKHOLDERS MEETING.
The annual meeting of ti:e stock- j
holders of the Newberry Cotton Mills
will be 'held at Newberry, S. C., Wed- j
rtesday, May 5th, 1915, at 10 o'clock.
GEO. S. MOWER, Sec. I
DR. F. C. MARTIN
Kye Sight Specialist
^ Examines the
p-rv
Without the use of drugs.
Satisfaction Guaranteed ; I
Dffice over Anderson's Dry Goods I
Store. [
ni|
Jail , t 'i
'/ :' Vrj?&* ' ; ji v^- Lx*
J^SM :?/' :-'1
r ;1 !' ." *t:? t--iV ' <
"1
< : V ? ??* {*> Jt>
't, 'Ar - ft ?lV " ; *
r ^/wyvJL'iK
rr# jfc'Syp- vrs^'jl '7 <??
Leaky rubber goc
cnrl r-? Qi7nv o ^rvm-Frvvl
ciiiu. a
We guarantee al
rubber to give satis
refund your money,
gloves to protect y
cleaning with stroi
soapy water?
GILDER 6
The Right E
Baby Chi
Will save ?
of your lit
C K/i T7-w-r~<
U. !??. l^vai
w?wKJiMfWMn MSB?MB?Mi
HOW WE FILL I
We give individual care ar
vice when we fill your pre*
rlrmp ir? Qfript arnnrrtantfe w
tion and when the finishec
to you, you can be sure tha
tific compounding.
NEWBERRY DR
aammmmmmmmmammmmamBSssssssBmmm
r
llll'l Mil liwmilill I IIIlll 'II IlM
VERY
iLxcursio
VI.
Southern
T(
^/Uiui
ACCO"
United Confedc
Rem
OF SOUTH
The Southern Railwaj
trip tickets to Columbia, :
casion. .Tickets on sale .
for trains scheduled to rea<
April 23rd, with final limit
1 1 4 A
point prior to mianignt Ap
lowing fares will apply:
$1.75; Allendale $1.80; A]
$1.55; Barnwell $1.50; Bla
$2.85; Gaffney $2.60; Gree
$1.95; Newberry $1.10; Uni
! Chester $1.55; Yorkville 3
fares from other points.
For further informatio
or address
t n pnm-wsrvN n P &
?J xy, livyjl_Vv & . .w
Columbia, S. C.
S
BBBBHBWBBHQBnnm
*
/
fi -i' r; K. v '"^/a |
: ? :? "tfu M
tL r <*f > ~S r 1 H
' %i&v W8~&t J|
f y / rV
t at iw&Hi
ids are a nuisance
t.
I our articles of j
faction or we will I
Ever try rubber V
rour hands when
ng solutions and
%
fc WEEKS
>rug Store.
i
??,
ick Food
\
>0 per cent J
tie chicks. 1
USiX.iJUil
PRESCRIPTIONS
id a most particular J1
scriptions. Everything?
ith your Physician's digs
1 prescription is deli^Bfl
it it is the result of ?
UG COMPANIhH
n Kates
Railway m
nbia I
UNT 1
irate Veterans I
lion I
CAROLINA
r will sell very low round j
account of the above ocA.pril
21st and 22nd, and
:h Columbia before noon
i i i.i'
to reacn original starting
iril 26th, 1915. The fol- j
Abbeville $2.25; Aiken |
nderson $2.80; Bamberg
ckville $1.25; Charleston
nville $2.50; Greenwood g J
on $1.60; Rock Hill $1.95; I I
>2.25; proportionately low
n. aDDlv to local Agents I
7 L' I ?/ w
T. A., i
!. H. McLEAN, D. P. A., J
Columbia, S. G. M
i
i