The Clinton chronicle. (Clinton, S.C.) 1901-current, March 10, 1949, Image 10
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THE; CLINTON CHRONICLE
V,.
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THURSDAY, MARCH 10, 1949
Couri Upholds
Rights of 'Cropper'
Says Landlord Has No
Vested Claim on Share-
Cropper's Part of Crop.
(From The Laurens Advertiser)
Judge M. M. Mann, of St. Mat
thews, presiding in general sessions
court here Monday afternoon.. ex
ploded a widely held theory that a
landlord has a vested claim in the
entire crop uYider a share-cropper
agreement.
The opinion came in a decision in
:ne case of The State vs. Azon Mont
gomery. a Negro, charged with ob
taining money under false pretenses,
T\ h Judge Mann directed a ver-
i. : ( not guilty for the defendant.,
-k-e-v-. w hi to., who was
NOTICE OF iucnoN
State of South Carolina,
County of Laurens,
Town of Clinton.
NOTICE IS HEREBY GIVEN That
pursuant to written petitions, each
view of the fact that the defendant
was without counsel.
^ ' Testimony
In answer to questions of the court,
Mr. Biakely outlined the agreement
he had with Montgomery - and. said
that it was similar to agreements signed by a majority of the freehold'
they had had in previous years. Un-jer§ of the Town of Clinton, South
der those agreements, he said, Mont- Carolina, as shown by the taxbooks
gomery had paid him for advances of said Town, and heretofore pre-
out of his, Montgomery’s, share of the sented to and filed with the Town
crop when there had been a deficien- Council of said Town, and pursuant!
cy. ■ to ajrOrdinance duly adopted by the.
“It was our agreement every year,” Tow^n Council of said Town upon the
he said, “the cotton was done the filing of said Petitions, a SPECIAL
same way. When he sold the cotton ELECTION will be held in the Town
we divided his half just like we did of Clinton, South Carolina, on Tues-
the corn, too.” | day, April 12, 1949, for the purpose
The court pointed out that the of submitting to the qualified regis-
cropper's share of the crop was his tered electors of said Town the fol-
pay for labor and that it could not lowing questions:
H.
chord
>:ne: v
w o. e,
i.m
the ca^e. testified that
disposed of -his own
rtain amount of wheat
the siure-cropper eon-
'*! <n.u >n-K‘ry .-til! owed
. }vances to make the
be attached without there was a lien
on it also. The cropper has a right
to give a lien, the court said, but the
low does not give the landlord a lien
unless it is written in the contract.
I he court made a d 1st motion he-
tween a share-cropper and a tenant.
The share-cropper, the ccnirt said, isi
not a tenant, but a laborer. He jusb
:. ties halt of w-hat he produces in lieu
of money.
In repl’
a a question from Mr.
Montgomery was tried in lus ab
sence. Wnen Solicitor Beasley, repre
sent ig the state, had completed his
exam r. .m ot M; Blakely, he asked
she court it he wanted to ask the
witne-s anything. Judge Mann ques
tioned the witness at length. At the
c’o-e and atter directing the verdict,
he apologized to the jury for such a
lengthy questioning, stating that the
ci.urts .\ere the guardians of the
i.ght- o: th; people and that he
n.d nit have done otherwise in
(1) “Shall the Town of Clinton
be empowered to issue, either as a
single issue or from time to tjme
as several separate issues, not ex
ceeding S3S0.000.00, of general ob
ligation bonds of said Town, the
proceeds thereof to be used, in the
discretion of Town Council, to ex
tend and improve the existing
waterworks system, sewerage sys
tem and electric light system, all
or any of said purposes?"
(2) “Shall the Town of Clinton
be empowered to issue, either as a
single issue or from time to time
as several separate issues, not ex
ceeding §100.000.00, of general ob
ligation bonds of said Town, the
proceeds thereof to be used to pay
the Town's share of installing per
manent improvements on streets
and sidewalks in said Town?"
Persons may vote for or against
BEST SELLING
RECORDS
Brush Those Tears From Your
Fyes: Am I All Your Future?
— r ed Martin.
Fort vi r and Ever; Dreamer
With A Penny — Margaret
Whiting. '
Be Mine: When You’re In I>ove
—Guy laimbardo.
As Yv»u Desire Me; It Only
Happens Once—Ink Spots.
Comrr.e Ci Comine Ca: The
Streets of Laredo — Dick
Haymes.
Suntlo.ver: Cruising Down the
Itiver—Kuss Morgan
Easter Parade: Song of Songs—
Perry Coma.
Far Away Places: Tara-Ta-
I.ara-Ta-l.ar—Bing Crosby.
Here Ml Stay; Congratulations
—Jo Stafford.
So In Love: A Rosewood Spinet
—Gordan MarRae.
Nightv Night: The Continental
—Alvino Rey.
You lWoke Your Promise; Safe.
Sane and Single—Louis Jor
dan
C■ t*\|m I Train. Behold His Fare
—Marie Knight.
Move <*n I p A Little Higher.
Parts I and II—SHer Rosetta
Thorpe.
Tell .Mr How la>ng: Evening
Prayer — Rev. Krslev and
Congregation.
Someday: Gonna Be Some
Change* Made Around Here
— \r!hur Crudup.
Roamin' Blues: Have Y'ou Got
the Gumpton? — Louis Jor
dan.
Keep Your Man At Home:
Sherman i Boogie —Sherman
Williams.
Train lim*- Blue-. Sloppy Joe’s
—( «•» il Gnat Trio.
Foolish Quest ons: Rain Drops
and Tea. Drops — Arthur
Smith.
Just A Faded Petal From A
Beautiful Bouquet: I'm Gon
na Bid >! • Blues Goodbye—
Honk "Th*- singing Ranger.”
I'll Always tare: You'll Reap
Those Tea.s—Roy Acuff.
Money, Mat hies, and Chalk:
I li Never Sever Leave Y'ou
• Lckler.
You Broke Your Promise: I
Myself To Sleep—Tex
Williams
l andy Kisses: Tennessee Bor
der—Bed Foley.
Longing tor You To Come
Home; Mother Left Me Her
Bible—Esco Hankins.
Philadelphia Lawyer; Sunset
Trail Waltz—Maddox Bros.
Faded Love and Winter Roses:
What A D'-ffertyice — Rome
Johnson.
Till the End of the World; Dad
dy, When Is Mommy C om
ing Home—Ernest Tubb.
Down Yonder: Back I'p and
Push—Gid Tanner.
I Care No More; Goodbye and
Good Luck—Foy Willing.
Jordan Is Calling; Far Above
the Starry Sky — LeFevre
Trio.
Did You Ever Go Sailing?: Lit
tle Pine Log Cabin—LeFevre
Trio.
God Loves His Children; I'm
Going To Make Heaven My
Home—Lester Platt and Earl
Scruggs.
I CAN HEAR IT NOW
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We Have In Stock All the New
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MUSIC SHOP
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Biakely. the court said that a verbal
agreement vvcufld not do, "not for
that purpose; 'you better not risk it.”
The Verdict
In instructing the jury to bring in
a verdict of "Not Guilty,” Judge.
Mann closed the case with the fol-!
lowing comment:
“If you advance money to a ten-:
an: who has a crop of his own and!
pays a certain amount of rent for
the srevice of your land, then the,
law gives you a lien over that crop; both of said proposals, or may vote
for su.h advances as you make for for one and against the other. The
the purpose of making that crop but failure to cast a ballot for one of the 1
if you take a man and say ‘now we two proposals will not invalidate the
are going to work this on shares,’ the ballot cast on the other proposal,
law says you hired him and he is The places for voting in said elec-
your laborer and not your tenant and tion will be as follow’s: at the City,
w hatever you say "you are going to Hall on North Broad Street in the
give him out of the crop, that is | Town of Clinton, for Clinton Precmct;'
his wages, not his share of the crop, and at R. T. Trammell’s Store, kiiown
but his wages for whatever amount as "Greasy Corner,” on West Pitts
>ou agree to give him. That is the Street, in the Town of Clinton, for
difference between landlord and ten- Clinton Cotton Mills Precinct. The
ant and landlord and laborer. You, Managers of Election are as folloTirs:!
can't agree on what you are to get,; F. E. Miller, R. J. Copeland and C. N
for you don’t know what is going to i Mauney for Clinton FVecinct at the
be made. You can take a written lien; City Hall, and Mrs. Woodrow Wilson,
over the portion you assign him -for R. L. Yarborough and W. L. Evaas
wages, but the law does not give
it to you unless you make a spe
cific written agreement. Now when
you divided that wheat you just paid
him his wages, whether you paid him
one hundred or two hundred dollars
worth of wheat instead of that much
money.
“Mr. Blakely: But I paid for all
the fertilizer that was used to make
that wheat.
“The Court: You just made a mis- ;
take by not having a written lien.”
T ois was the same case on which
Au .n Stephens, colored, was drawn
as a juror.
for Clinton Cotton Mills Precinct at
R T. Trammell’s Store, known as
“Greasy Corner.” The polls will be
opened for said election at 8 o’clock
in the forenoon and will be closed at
4 o’clock in the afternoon on the day
and at the place aforesaid. Separate
boxes will be provided for the cast-J
ing of ballots on each of said pro
posals.
All persons desirihg to vote must
(1) possess and present County Reg
istration Certificates issued within!
the period January 1st, 1948, and
March 12th, 1949, both inclusive; (2)
possess a Municipal Registration Cer
tificate issued by the Supervisor of
Registration of the Town of Clinton
within the period March 23rd, 1949,
and April 1st, 19 1 49, both inclusive,
or during the ninety (90) day period
prior to the occasion on which was
held the last general municipal elec
tion (at which the Mayor was elect
ed); (3) present proof showing the
payment of all taxes, State, County I
and Municipal, for the previous year;
and (4) present proof showing pay
ment of the poll tax for the year
1948, if liable therefor, not later than
March 12th, 1949. The presentation
Of a receipt of an officer authorized
to collect the taxes referred to shall
be conclusive proof of their payment.
L. E. BISHOP,
Mayor, Town of Clinton, S. C.
W. B. OWENS,
Clerk and Treasurer, Tow r n
of Clinton, S. C.
March l, 1949. 7-fic^
NOTICE OF OPENING OF BOOKS
OF REGISTRATION
State of South Carolina, . _
County of Laurens,
Town of Clinton.
NOTICE IS HEREBY GIVEN That
in order that those persons who are
qualified may register to become en
titled to vote at the SPECIAL ELEC
TION ordered by the Towrn Council
of the Town of Clintrwr to be held on
Tuesday, April 12th, 1949. in which
there i$ to be presented to the quali
fied electors of said Town the ques
tions:
(!) “Shall the Town of Clinton
be empowered^ to issue, either as a
single issue or from time to time
as several seperate issnes, not ex
ceeding S350.000.00, of general ob
ligation bonds of said Town, the
proceeds thereof to be used, in the
discretion of Town Council, to ex
tend and improve the existing wa
terworks system, sewerage system
and electric light system, all or any
of said purposes?”
(2) “Shall the Town of Clinton
be empowered to issue, efther as a
single issue or from time to time ,
as several issues, not exceeding
5100.000.00, of general obligation |
bonds mf said Town, the proceeds
thereof to be used to pay the
Town's share of installing perma
nent improvements on streets and
sidewalks in said Town?”
The Books of Registration of the|
Town of Clinton will be opened at
the office of the Supervisor of Regis
tration for said Town* at L. B. Dill
ard’s Store, in said Town, on Wed
nesday, March 23rd, 1949, and will
remain open through Friday, April
1st, 1949, both dates* inclusive. .The
books will remain open during the
hours of 9 a.m. to 4 p.m. on every
day during said period, and will be
closed at 4 p.m., on Friday, April 1st,
1949, and will remain closed until
after said Special Election.
All persons qualified to register
shall make application to the Super
visor of Registration, within the time
and at the place aforesaid.
L. B. DILLARD,
Supervisor of Registration,
Town of Clinton, S. C.
March 1, 1949. 31-5c
THE CHRONICLE
Completely Covers Clinton’s Trade |
Ares for Advertisers
There Is No Substitute foe News
paper Advertising
Rufus M. Chaffin
Funeral services for Rufus M.
Chaffin, 42, who died at his home
here Tuesday, March 1, were held
Thursday afternoon at 4 o’clock at
Calvary Baptist church. The Rev.
J. W. Spillers was in charge of the
services, assisted by the Rev. C. J.
Sexton. Interment was made in
Rosemont cemetery.
He is survived by his wife, three
sons and two daughters.
Pallbearers were David Owens,
Pressley Chaney, Walter McAlister,
Melvin Creswell, Neiffer Creswell
and Arthur Davis. The honorary es
cort was composed of William
Thomas, Cleo__T.homas, Lem Thomas,
Freeman Lahford, Chestine Mc
Lendon and Leo Riser.
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