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SE1VBERRY, S. C? FRIDAY, DECEMBER 24, 1915. TWICE A WEEK' $U0 A TEAR YOLOIE LIU., NOIBER 94. ?? _ Manning Excei When He Susp W I GOVERNOR'S TOWER j NOT SO EXTENSIVF HIGHEST TRIBUNAL ORDERS KERSHAW SHERIFF REINSTATED. Opiiwin Holds That Executive's Action ^ in Removing Oftiecer Was With- j out Authority of Law. The State. TT-1 J' ^ ^ TITO C noraing uiictt me ivgmaiui'c without power to authorize the indefinite suspension of a sheriff for neglect of official duty, the supreme court in a unanimous decision yesterday ordered the reinstatement of W. W. Huckabee as shriff of Kershaw county. y Mr. Huckabee was suspended several months ago by Governor Manning on ' the charge that he had refused to enforce the whiskey laws. Isaac C. Hough was appointed to succeed Mr. Huckabee by Governor Manning. "The result is that the -governor," k concludes the opinion, "had no power to suspend or remove the petitioner or to appoint the defendant in his place. "The judgment of this court is that the attempted suspension of the petitioner and the appointment of the defendant, Hough, in his place were without authority of law and of no effect, and that the petitioner is entitled to exercise the duties of his office of sheriff of Kershaw county." The opinion was written by Asso ciate Justice Hydrick and concurred ? in by the other four justices of the court. vr. The decision in full follows: "The petitioner, W. W. Huckabee. was elected sheriff of Kershaw county at the general election on November 5, 1912, and wTas commissionedd ou Jan. 1, 1913, for a term of four years. On April 20, 1915, after notice and a I hearing, his excellency, the governor, found, from the evidence adduced at the hearing, that said sheriff had neglected and refused to enforce the lawregulating the sale of intoxicating liquors in his county, and suspended him from office, until the end of his' ^ present term. "On June 25, 1915, the governor ap J pointed and commissioned the defendant, Hough, as sheriff of said county. In place of petitioner. This- action "was brought to test the legality of H'uckabee's suspension, as well as the right of Hough to perform the duties of the office. No Power Given. "The action of the governor was based on section 841 cf the criminal code, which reads: 'Any constable, deputy constable, sheriff or magistrate who shall neglect or refuse to perform the duties required by this chapter, shall be subject to suspension by the governor.' Petitioner contends that in so far as this section confers upon the governor power to suspend a sheriff it is unconstitutional. If that be so the suspension was without au':} thority of law and can not be sustained, unless it c:n be conferred to H some other power .vested in the chief B executive. "The office of sheriff was created by he constitution, which provides (arti e 5, section.' 30) that 'the qualified ectors of e^ch county shall elect a ^^^Beriff * for a term of four Rrs ' -etc. When the constitution creHj> an office and fixes the term therefed prescribes the mode of filling it, grafiRegislature is without power to H^n the office, or vary the term Kiereof, or prescribe a different mode WFvf filling it, or remove or suspend the officer, unless authority for such action can be found in the constitution. Ex parte Gibbes, I Des. 587; Reister vs. K Hemphill, 2 S. C. 355; Wright vs. P Charles, 4 S. C. 178; (Wihipper vs. Reed, I 9 S. C. 5; WTiitmire vs Langston, US. |P C., 381; McCoy vs Curtis, 14 S. C. 367; I Simpson vs. WiLlard, 14 S. C. 191; ! Smith ws. McConnell, 44 S. C. 491; iMc-1 . Dowell vs. Burnett, 92 S. C. 469. k "The minds of the framers of the j constitution evidently adverted to the principle above stated, and the conse- i mt quent importance of providing therein V for the removal and suspension of naff faithful officers. It is equally certain P that they had in mind the material k. \ ids His Power >ends Huckahee difference between the removal and suspension of officers, because tney provided for both, and safeguarded both by express limitations and restrictions. "Section 27 of article 3 reads: Officers shall be removed for incapacity, ; misconduct or neglect of duty, in such | manner as may be provided by law, i when no mode of trial or removal is j - ? * ' mi. ? ! provided 111 tins consiicuuou. i u?; j power here given to provide for the j removal of officers for the causes spe- i ! cified carries with it, by implication, power to provide for the temporary filling of a vacancy so created by appointment or otherwise, until the office can, in due and regular course, be filled in the manner prescribed by the constitution, unless it is otherwise provided in the constitution; because it would not be reasonable to conclude that it was intended that the office j should remain vacant, State vs. Bow-1 den, 92 S. C. 393. It also carries with it the power to provide the manner of removal which includes the power of providing for a temporary suspension as a step in and incident to the exercise of the power of removal; so tha*. provision may be made for the temporary suspension of officers, pending a hearing or trial upon the result of which the exercise of the power of removal would depend. In such case the suspension rlliight, on account of the circumstances of the particular case, j extend to the end of the term; but it would, nevertheless, be suspension,, and the legal consequences cf suspension, whether more or less favorable to the suspended officer, would ensue. McDowell vs. Burnett, supra. Method of RemoTal. "StCtion 22 of article 4 reads: 'Whenever it shall be brought to be the I notice of the governor by affidavit [ that any offiicer who has the custody | cf public or trust funds is probably guilty of embezzlement or the opporpriation of public or trust funds to private use, then the governor shall direct his immediate prosecution by the. nmnpr offir>pr and. urton true bill found, the governor shall suspend such officer and appoint one in his stead until he shall have been acquitted by the verdict of a jury. In case of con! viction, the office shall be declared acant and the vacancy filled as may j oe provided by law.' This is the only general provision in the constitution i which confers upon the governor the power of suspending officers. It will | be noted that it is hedged about with j much greater restrictions than the | ::ower of removal, both as to the num1 her and nature of the offenses and as to the circumstances and conditions under which the power may be exer cised. Having entered upon that realm, the naming of one ^ffence and specifying the circumstances and conditions under which the governor may suspend officers for that offense, clearly negatives the idea that it was intended that he should exercise the power upon any constitutional officer for any other offense or under any other circumstances, unless otherwise provided in the constitution or a statute enacted under the power to provide the manner of remc.al as hereinbefore indicated. The maxim expressio nnisest exclusio alterrus applies in such cases. In McMillan vs. Bullock, 53 S. C. 161, in construing this same provision of the constitution, the court said: 'It need not be enlarged upon that when the constitution of the state provides a p'an for getting .rid of an unworthy officer, that plan supersedes all other for that purpose, and not only so but the requirements of the I constitution must be strictly complied with. Whenever the constitution proj vides that one certain criminal offense j shall be held to forfeit an office, it is ! tantamount to the declaration that no other onense or crime snail ran wiimn the remedy prescribed in the section of the constitution under consideration.' Upon reason and authority, therefore, we are obliged to conclude that the legislature was without power to authorize the indefinite suspension of a sheriff for neglect of official duty, and that, in so far as section 841, supra, relates to that office, it is void and affords no authority for the susCONTINUED ON PAGE 5.) THE IDLER '$><$><?> This from the State's paragrap'ner, and I am quoting it for the quotation it contains, and to add a line to it by ! way of one or two other quotations. I have often used the same quotation, but it is so good and true that it can scarcely be quoted too often: "Here is a little quotation we try to remember to print every Christmastide. because we believe it does' good every time it sees the light, and we knr>\v fp\v thinirc as annroDriate to the season: 'I expect to pass through this world but once. Any good, therefore, that I can do, or any kindness that I can show to any felilowr creature, let me do it now. Let me not defer or neglect it, for I shall not pass t"his way again.'" .And to which let me supplement by quoting the last two lines of that beautiful little poem, "Growing- Old": "Thrice happy, t'aen, if some soul can say, t i t ~ ~ u ~ ~ ~ i nave ltveu 'irecausti ire ims my way.'" And let us remember as we pass along this way and throw our brick bats and reserve our bouquets, that it wou'd be so much better for us and our fellows if we would only throw sbme of the roses along the way as we traveled, and1 our friends could know and appreciate them. "More t'nan fame and more than money is the comment kind and sunmy *<$>*<?>*< I| . ?Ifc iFafiljinn T? The backlog's flame has ** The embers into ashe y* Outside the snows are e< v And piling fast in mar White robed is now the rjr Where once the catbii * * And from the eaves by <$><$> J The icicles like arrow *f"S* The shadows on the sor Flit, cross and dance f /\ And streaks of ghostly c f ^ In clinging hues abou f ^ The spiders in the corn* Within their webs the And from the mantel's < A pair of children's st 4*7 <$><?> O'er tield and forest, lai ^>4 Fast and still faster s' And in the barn loft snu J>^ A drowsy rooster wal ay The clock strikes twelv Xf While winter skies sti X T If Frost flowers blossom 01 The snows float bv ar || |>J| And then across the roc |>Jj Borne by the winds th |>J^ A sound of many hurryi <S>f A sound that ebbs and 11 Atfd next adown the chi f $ The children's saint in f$ And, true to all the tryst A *5* ??> White bearded on the ?Ernest McGaffey i |f SJljat Slpg 3tii i The children came down wit Their curly locks gleaming ir They ran with delight where if And, oh, such a babble of gl; |S They gazed on the tree with Its trinkets and baubles and t>I f<?> 1 [icy CIIipilCU 111CI1 SlV^JMiig; v<?> Brought back the dear child it There were dolls with bright Tin trumpets and drums, bio %% And there by the chimney, w Stood Santa Claus watching i A w %% They spied him?they rushe( ?<?> They pulled off the wig that SS Pulled his nose till it cracked, J>|> And laughed till the tears mat u Then he burst with a thud, a |JY On, on went the wild, merry ** As they formed in battalions Snowballed with the cotton If < ><$> And the hearty warm approval of 3 friend, For it gives to life a savor and it makes you stronger, braver. And it gives you heart and spirit to the end. If he earns your praise, bestow it; if you like him, let him know it; Let the words of true encouragement be said; i Do not wait till life is over and he's underneath t!he clover, For ne cannot read his tombstone when he's dead." And now with this let me wish all the people everywhere a most happy and pleasant Christmas and that they | may realize what the true significance of the occasion is. May peace and happiness dwell in every home, is< my ; sincere wish. 1 know that there are few fireside? around which there are not vacant chairs, but let us remember that the birth of the Cnrist child meant a new birth and a new world for all of His own. And that all of the chas tisements which we receive are for some good and wis-e purpose. Whom He loveth He chastenet'n, is said somewhere in that great book. And it must he for our good or it wouldn't be. Don't forget that I am going to hang up my stocks and that they will be empty as they go on the pole in the chimney corner, and I will be, 0, so glad, if they shoud have even a little something in them the next morning, but if not, I will not complain, because j I will see some good in it. ?fl (IJljrifitmas |< died away; j>? s drift. " 4>r Ti idymg, gray, || ly a rift. |>* cedar tree d nightly sang, || two and three 4^ AW i s hang. nber wall amid the gloom, f f olor fall If t the room. xf irs dim %$ closer clings, jaken rim 4>*? :ockings swing. |>* ie and road { *** wirl the snows, ?J[ gly stowed j] ! <es and crows. e, and midnight wanes, x! I *etch cold and drear. ^ f!! n the panes. j|X id disappear. ^. || >ftree swells. 4 ^f? iat fall and rise, a? ng bells. 4Y [ peals and dies. aj imney creeps i all the lands, &J? s he keeps, *j> hearthstone stands. n Ladies' Home Companion. Zf ?' ~ ? |i> 5>attta ibiaus It h a cheer blithe and bold, 1 auburn and gold. the gifts were displayed, o|j idness they made! i?| < !> 4 s 3j+ its glory of light, Z? ornaments bright. ; and, dancing with glee, world to mamma and me. 4?<s> II iacecs and books tun ot song. icks and bonbons a thronf, ? % ith arms full of toys, i the girls and the boys. <? < > ! i with a volley of cheers; vf v?** curled white round his ears; pinched his cheeks with a vim, J > J> 3e their bright eyes grow dim. ;' <$> A nd again rang their shout, y* frolic and rout, 7* , while each bold brigade from which he was made. $ J* ?Baltimore Sun. y* v THE IDLER. ? ? VILLA'S ARMY YIELDS TO DE FACTO RULER LEADER, HOWEVER, DISAPPEARS; WITH 400 MEN. Generals Agree to Turn Over Entire Organization Under Authorization of Former Bandit Chieftain. TTil Pa?n Dac. 20?Although a mim ber of bis generals have entered in peace negotiations with the defacto government of Mexico, Gen. Francisco Villa was reported tonight to have gathered 400 armed men somewhere in the State of Chihuahua to oppose his former organization. The Carranza de facto government is in official control of the former .Villa State of Chihuahua by virtue of an agreement reached by eGn. Roberto Limon, Gen. Manuel Banda, Lieut. iCol. Flaviano Paliza and Col. Eduardo Andalon and Andreas Garcia of the Car ranza consulate here, by which about 4,000 troops and the organization of the Villa government, including the cities of Juarez and Chihuahua) and all border points, accept Garranza domination. The agreement grants amnesty to all except Gen. Villa and his brother, Hipolito. The generals entered into conference yesterday as delegates from Gen. Villa to confer with Mr. Garcia upon plans to turn over the entire territory and all troops and arms and for himself to leave the capital without any following. They reported the Result of their conference last night to Gen. Villa at Chihuahua City. Late today they had received no reply from Gen. Villa, and instead learned that after receiving their advices Gen. Villa gathered 400 men and left Chihuahua City and that his whereabouts were unknown. Upon opening the conference with tte Tarranza consul -^oday, the Villa generals announced they would proceed on the unrescinded authorization as given by Gen. 'Villa. They said they believed 'Villa feared 'that the delegates would not be able to gain him immunity from prosecution should lie cross the international line. The surrender of the Villa organization includes most of his army, about 7 per cent of the ro-lling stock of the roalroa-ds1 of Mexico and the State of Chihuahua, the richest mining and live stock district of Mexico. According to officials here, the foreign interests in Villa controlled territory have suffered a loss estimated at $50,000,000 due to confiscation and alleged thefts of ore, cattle and other - - A * A?v property and depreciation 01 vm* vuirency. These officials cnarge that churches were stripped of their treasures, banks looted of coin and specie and confiscated' gcods given away to satisfy people ruined by lack of employment and depreciation of Villa currency. Col. Hipolito Villa, with the office force of the financial agency of the !Villa organization at Juarez, crossed into the United States here tonight. Efforts to locate Franciscc Villa were nnovafiine- althn-ueh a reDOfr was cur rent that he, too, had crossed to the American '.side and was hiding in the outskirts of the city. AMERICA* DEMAND RENEWED IN NEW NOTE TO AUSTRIA United States Contends Official Admission Liner was Torpedoed While Passengers on Board Sufficient. Washington, Dec. 22.?The United States contends, in its second note to Austria on the Anconda case, made ?' rvffipi-al ad puDiic iiex e ii/uaj, luuu ~?? ? mission of the Austrian admiralty that the liner was torpedoed after she had stopped and while passengers were aboard, alone is sufficient for the American demand for disavowal, reparation and punishment of the submarine commander. 'The note renews the demands of the United States and says the details to which Austria referred in its reply to the first note are in no way essential to the discussion. It emphasizes the continuonce of good relations depends "firm the action of the Austrian gov eminent. Cable dispatches indicate that the note already has been delivered to the Austrian foreign office. ? ?! <$> COTTON MARKET 3> dewberry. <? ^ iCotton 11 %c <&. <S> Cotton seed, per -bu 60c <5> <? <S> Prosperity. ? ? Cotton 11*4c Cotton seed, per bu 60c ^ <? <? Pomaria. <3> Cotton 1114c <?> <?> Cotton seed, per bu 60c 3> <$ ^ Little Moantajn. ^ <$> Cotton . ll^c <? Cotton seed, per bu 60c $ 3> <$> Silyerstreet <& <?> Cotton ll&c <$> Cotton seed, per bu 60c 3> ^ <? <$> Chappells. 3> <3> Cotton 11 %c <S> <?> Cotton seed, per bu 60c <S> <$> # Kinards. <$> Cotton .T ^11%C <S> Cotton seed, per bu 60c As. >Cv "Zf ? ^ Whitmire. <? Cotton 1154c <? <S> Cotton seed, per bu 60c . THE PUBLIC MARRIAGE OF POPULAR COUPLE Wedding to Take Place in the Court House at Newberry Next Wednesday. The Calvin Crozier Chapter announces the engagement of Miss Roberta Holmes an-d Dr. James Edward Stokes, the wedding to take place on Wednesday evening, December the 29th, 1915, and eight-thirty o'clock, NewbeTry County Court House. The public is o 11 xr or? V/V/l UlUl'lJ' XUTltVU* One of the .most interesting social events of the Christmas season will be "'The Mock Wedding," Wednesday evening, at 8:30 o'clock, in the Newberry county com^t house. The bride is one of Newberry's most charming daughters, who 'has lived here all cf her life. Her piquant blond beauty, grace and charm have endeared her to all her large circle of friends. She will be given in marriage by her father, Major John M. Kinard. The groom' is a Newberrian by adoption, having come here from Orangeburg several years ago. He is a member of the Newberry Drug company and is one of the most promising young men of the city. Quite a bevy of the debutante set will act as bridesmaids for Miss Holmes, among them tipinz /Miss Willie Glenn Mayes, Miss Richardson Clark Flqyd, Miss Johnsie Setzler, Miss Eugenia E. Stuck and Miss Olivette Harris Johnson. Miss Evelyn M. Evans will fee the maid of honor and Mrs. James Calvin Crotwell will act as dame of honor. Little Mettsy Fant and Silas May Klettner are as follows: Messrs. Earle Hipp, being the attractive little Butchia McLean, from Youngstown, Ohio. * The ribbon bearers are Joimnie Peterson and Jessie Mayes. The groomsman are as folows: Messrs. Earle Hipp, Will Brown, Guy Brown, Fraser Evans and Harry Dominick. The ceremony will be performed by Dr. Z. F. WrigM. A splendid musical program will be v.Tr +>io hptcj- talent in the 1 CUU^iCU UJ VUV city Just before the ceremony. An admission of 35 cents adults and 25 cents children will be charged. This interesting social event will be under the auspices of the CaMn Cromer chapter. Question For March Debate. "Resolved; That immigration to the United -States should be further restricted b(y a literary test." Affirmative?Phrenakosmian: J. L? Swindler, captain; debaters, C. D. Hipp and IC. E. Ridenhour. Negative?Excelsior: J. H. Bedenbaugb, captain; debaters, G. D. Oxner, K. R. Kreps.