Cheraw chronicle. (Cheraw, S.C.) 1896-2005, September 14, 1911, Image 1
L ?fje Cfjeratu Chronicle
"Tis Not in Mortals to Command Success, but We'll do More, Sempronious, We'll Deserve it"
Volume 15 CHERAW, CHESTERFIELD COUNTY, S. C., SEPTEMBER, W, 1911 Number 46
SEABOARD WINS
CROSSING FIGHT
OOCKT DISMISSED PETITION
H S
fonteiition Over Track at Front
- I_ fll Won
treei in lorran lhuiu .u?uday.
Holding that the constitutional
right given railroads to cross
another railroad does not give
the right to railroads to cross at!
grade, and stressiug the importance
of public safety, the su-l
premecourtyesterday dismissed !
the petition of the Atlantic
Coast Line railway asking that!
the railroad commission be
forced to consider and aopiovel
plans for an interlocking switch
for a grade crossing over the
track of the Seaboard Air Liue
railway in the town of Che raw.
The decision in the case is by
Associate Justice Hydrick.
* The ruling by the court ends a
long controversy between the
two railroads which involved the
right of the Coast Line to cross
the track of the Seaboard at
Front stree in the town of Cheraw.
The controversy was commenced
on September 22 of last
' year. The case came before the
supreme court several months
ago and a decision was givem in
the favor of the Seaboard, It
was held by the court at that
time that the Coast Line did not
have the right to cruss at Front
e h' e
''Tnis contention is base on
* section 6 of article 9 of the constitution,"
says the decisiou
handed* down by Associate
-Tnstirp Hvdrick. "which reads,
any railroad - organized under
the laws of the State shall have
the right - - to intersect with or
cross any other railroad, /etc.
There are several sections of the j
code which iu smiler terms,
give railroads the right to cross j
each other. But neither the;
section of the consiitut on above I
quoted nor any statue gives oue I
railroad the right, in so many i
words, to cross another at grade !
and the right to cross does not
necessarily imply the right to
cross at grade. On the contrary I
-n-.rv j |
section -1 TJ denies mat .
except by consent of the com I
mission, aud then only in micIi
manner as it shall prescribe,
and there is nothing; in the provisions
of that section in conflict
with the section ot' the constitution
above cited.
"The next position taken by
the petitioner," says the opinion
"is that the order of Janu try 0
is void, first i ecau^e the dialer
of September '212, oeintr a judgement
or quasi-judgement, was
final and irrevocable, and second
bvcausethe ord -r of January (3
was niacin \\Mii nt ^ivmij the
petitioner hat ;uqar?d vested
rights, in reliance upon the order
o September 22 and it
therefore op'ftbs to deprive
] eti'.ioner of i> ptopen.v witho
it due process of law. Tiiel
f i ul i:il 'n<al errors in litis con j
teuton is . s? u aimr tout thej
C ill :i hi ever v.* its Coli-e t '
t> t:m? Til... . pinion I
h 'i'S 1!'?> Id S'low t; :.( I ?: J f?I* - *
m?>r orders iti.i not s?M'?? th- i
petitioner any a;mhu'c to
maUc lint e; os-? i;o;, ..iul that !i?
petitioner's ri?.'iir to |?r.Wii^
conditioned upon the concent
the ( )*:5 '< -!'?m.
"The leoisl.it'.tre litis a >-,* !
no rest ructions upon the < ?n;
mission as to t!??? terms aod1
conditions upon which i? - :!i
consHUt to such cros>i:;;r," < u
tinues the opinion, "i hereiur.*
it lias the power to refuse its
%
i
r
consent altogather,- or to grant it
upon such terms and conditions
as it may see fit. And so long
as it acts within the law and a
reasonable discretion, it is subject
to no control save that of the
legislature. The coudition upon
which the concent of September
22 and December 28 was given
was clearley within the law, and
the discretion of the commission,
ann it was a coudition precedent
and no right could vest or attach
under the consent, untill the
condition had been fully complied
I with."
"But even if it be assumed that
acting in reliance upon those orj
ders," continues the opinion, the
(petitioner din acquire vested
I l ights, it does not follow that the
commission could not withdraw
| its concent to the crossing. The
public safety is paramount to the
* - - * - rni )
vested ngnts or tne citizen. me
police power can not be bartered
away."
After showing that the commission
considered the matter
carefully before taking the staud
it did, Ihe opinion closed as follows
:
"The issuance of the writ of
mandamus is" not a matter of
strict tegal right, but it rests in
the sounds of discretion of the
court. Nothing is better settled
than that mandamus will not be
issued to cont-role the discreiiou
or judgement vested by law in
public officers. If the commission
had dot already considered
;7
Deposit yc
The Bank
\
CKere^v
STRONGER THAN ALL OTHER BJ
2|oj compoi
j? |0 4t\ savir
and rejected the plands proposed
by the petitioner, the courts
conrts compel their consideration
by the commission. Abbeville
vs. McMillan, 0- S. C., 00.
But it could not direct the result
of that consideration, unless the
action of the commission with re
spect to the matter was so
clearly arbitrary and capricious
as not to admit of two reasonable
opinions. Mauldin vs. Mathews. 1
81 S. C., 41-1. The commission
1912 M
16 K. P. $600.00. 2!
Five Passeiif-cr Tourinj
rr^ - . ". r-\ " . - "
i. Otif v - v jL \J ...< ^?
Our first sliiptiirn: ? . six cars m?1<
s:i!?-ucalc.'s. Jmlk'iiri' . s arc uow thai
Tiic licinaari is so trrcal for .Max i
trai;; is rushinir to t!io Americas Auto
< a'nlcariu* ami place your or?!er. I?(
iranraiitce.
TRN "T
ti/7 -n T! O S<
ij Bp I 8
Jbl \ J JL
is inuestod by law with the
authority to decide the question
of factn such cases, ann it is a
body ipeculiarly fitted to decide
such questions. Theaefore, its
questions of fact, unless wholly
without evidence, is final and
conclusive.
"Now in this case the commission
has found that the proposed
crossing is unsafe, and
that no plans can be devised for
a grade crossing at Front street
which will adequately protect the
public It has also found that a
grade crossing may be made at
Second street, which will he
reasonably safe; and that an overhead
crossing at Front street is
dangerous and shouid not be
consented to, and that conclusion
is "not without evidence to support
it.
"Even if the court did not concur
in the findings of the commission,
nevertheless, it has no
authority or disposition to substitute
its jubgment and discietion
for that of the commission.
wnereiore, tne peuuuu is
dismissed."
To Restore Chairs.
To clean and restore the elasticity
of cane bottom chairs, turn the chair
and with hot water and a sponge saturate
the cane work thoroughly. If
the chair Is dirty use soap. Afterward
set the? chair to dry out of doors
and the seat will be as taut as when
new. <
>ur money
of Cheraw
7? St C
INKS IX THE rOl'XTT COMBINED
v .
tnded quarterly!
lgs department
V I
? I
A I-ioult'uI Sight.
to H. J. Barnum. of Freeville, N*. Y.,
was the fever sore that had plagued
his life for years in spite of many
remedies he tried. At last he used
Bncklen's Arnica Salve and wrote: 'it
has entirely healed with scarcely a
scar left." Heals Burns, Boils, Eczema,
Cuts, Bruises, Swellings, Corns
and Piles like magic. Only 25c at T.
E. Wannamaker & Sons.
AX W EL
5-30 H. P. Roadster $9
g Car $980.00. 56
1 .. Orders are
( wp will Kill fur vlmrt of tillinir tin* on
noil cars that l>iir dealers are Imvltitr i
Co., Americas, Co.. loaded only wlJIi
[ one of tlie tirsj prosul owners of a 1
KINDLED FIDE TO HIDE CHIME
Firemen Find ( Iiarred Body ?f Boy
in Collider's Slurp in Washington.
Washington, Sept. 10.?Firemen
who extinguished a blaze
in the cobbler shop of Tom M?lano
near the goveanment printing
office early today found
unmistakable evidence that the
fire had been to cover up the
murder of a victim, afterwards
identified as Harry Smith, "14
years old. The firemen pulled
the charred and unrecognizable
remains of the boy from burning
debris which had been soaked
with coal oil. Severe blows
had been dealt the boy with
a heavy instrumont, and a
blood stained hammer was found
nearby. The body was identi
fied by a scarf pio. Melano
was arrested at the point of
revolver. The witness told the
polieoe they saw them fighting
in his shop yesterday. One woman
said she saw him strike a
boy with a hammer. He claimed
he loaned his key to an American
friend who said he wanted to
sleep in the shop last night.
Notices Posted That They Will Begin
on October 2 and Will Kan
on Fall Time.
Anderson, Sept. 10.?Notice
have been pos ed at the Riverside
andToxaway cotton mills to
the effect Ithat both mills will resume
operation on October 2
after haveing been idle since' the
first week in May. Both mills
will run on full time and all the
machinery will be put into opera
move^ki^y from the mill villages,
but a few remain andothers
are expected. The management
does not fear that there
will be aoy scarcity of help.
Both mills work a great' many
persons and bring much busi
uess to the city. .
No Need to Stop Work.
When your doctor orders you to
stop work, it staggers you.. "I can't"
you say. You know you are weak,
run-down and failing inhealth, day
by day, but you must work as long as
long as you can stand. What you need
is Electric Bitters to give toe,
strength, and vigor to your system, to
prevent breakdown and build you up.
Don't be weak sickly or ailing when
Electric Bitters will benefit you from
the first dose. Thousands bless them
for their glorious health and strength
Try them. Every bottle is guaranteed
to satisfy, uniy ouc at i. 1. ?hiuiumal'er
& Sons.
For the Bride.
If you suspect him, then reject him;
but if you select him, don't suspect
him.?Gay.
L 1912
Z'rmnm ' ? ??
150.00. 25-30 H. P.,
H. P. Five Passengerj
j
iM'injr liooJ.od daily l?y ns arid our !,
i
lers for 1912. j(
ii solid train loads. One special
i;
Maxwell cars. V; rife at once for I
1912 Maxwell* Ask about I'm* Moiling
!J
into Go. I
CHIEF JUSTICE
SENDS RESIGNATION
WILL IIUX FOR GOVERNOR
At Least tliat is What Many of His
Friends Predict?Think that
Announcement Will Follow
Columbia, Sept. 12.?Ira B
Jones of Laucaster, chief justice
of the State supreme court, yesterday
telegraphed to U. R.
Brooks, clerk of the supreme
court, the announcement of his
resignation, to take effect Jan
uary 9. 1912. In many quarters
this is taken as a very stroDg indication
that Mr. Jones will announce
his candidacy for the
governorship in opposition to
Oole L. Blease, the incumbent,
who has stated that he intends
to seek reelection.
Justice Jones' announcement i
as sent toGeh. Brooks follows:
"Laucaster, Sept. 11, 1911.
U. R. Brooks, Clerk, Columbia
designation to take effect Jan.
Mailed governor today.
(Signed) "IraB. Jones." .
It had been rumored for some i
time that Justice Jones might v /
take the field for the governor--. .
ship. ' m
Mr. Jones has been a member ?
of the supreme court since ISjfr
He was elected chief justice upon
the resignation of Y. J. Pope in ,;A'
1909. Since that time he has V
served with no little distinction ' ?
as^head of South Ca ro 1
to complete his education. After i
leaving college, he taugbtih Newberry
and Edgefield counties, at
the same time studying law. In
1872 he was admitted to the bar
and opeped an office in New- '
berry. He also became assistant
editor of the Newberry Herald.
In 1875 Mr. Joues moved to Lancaster.
*
From then on he began to interest
himself actively in politics.
He was elected to the legislature
from Lancaster county and in
1890 was appointed chairmau of
the ways and means committee
of the house. Subsequently he
was chosen speaker, serving in
that capacity until 1890. Iu 1886
he was made chairman of the j
Democratic executive committee
of Lancaster county and also of '
the executive committee for the
Fifth congressional district. He
was vice president of the constitutional
convention of 1895.
He was elected to the supreme
court by the legislature in 1896
and became chief justice 10 years
later.
In 1875 he married Miss
Rebecca II. Wyse of Edgetield
county.
(ti1xe.se warship arrive
for First Time in H story Xaval Vessel
Floating Drmron Visits Aniercan
Waters.
X-u York, Sept. 10,?For ilie
first time in history a Ohineas
ii:. vat vessel tonight entered the
American waters. The naval
visitors from the Orient is the
rruisor llai Chi, with Rear Admiral
(Ting Pili Kvvang on board
inciioied off ilie entrance to the
harbor late t might. The wnr-liip
to.ik part in Spithead naval
review in eonneciiou with King
forge's coronatiou.
TileHai Chi brings a full complement
of Chinese officers and
150 seamen, and an elaborate
irogamme of entertainment has
>j0 an rain god for tlie visitors by *
the city. State and nation.