The Camden chronicle. (Camden, S.C.) 1888-1981, December 05, 1924, Image 2
Baby's F retting.
Soon Stopped
When my baby was teething who
as so fretful I could hardly do any
thing with her," writes Mr*. A. C.
Ifrown. Columbus, Ga,
"1 ifuvo her ?very medicine known
but they didn't stoV her frettlhK and
crying, A friend advised Teethlna
and after the Second (lose my little
?lrl went to Hteep and woke up lauffh
tuif and full of play. Teethlna Is
wonderful." ,
Teethlna contains no opiate# or
other dangerous drugs. It reduoee
Inflammation of the gums. relieves
eolle, Imllffeatlon, stomach pains unit
bowel troubles. It soot lies the fret
ful child, Inducing rest, quiet snd re
fresh In C sleep. Thousands of grate
ful mothers praise It.
Teethlna Ik sold by h)1 druggists; or
?end 30c fo MofTett laboratories,
Columbus, cla., for package and
FREE BOOKLET ABOUT BABIES
TEETH INA
Builds Better Babies
Approaching Marriage
Friends in Kershaw of E. L. Skip
per*' superintendent of the Kershaw
Cotton Mill, have received the fol
lowing invitation: Mr, and Mrs. Sally
request the honor of your presence
at tho marriage of their daughter,
Thelfa Hart, tp Mr. Edward T<ee
Skipper, on Saturday evening the
sixth of December* at seven-thirty
o'clock, Presbyterian church, Orange
burg, South Carolina.?Kershaw Era.
After Samuel Shanker, a "hot dog"
peddler, was fined $3 for selling his
wares before a Boston lunch room,
ho went out and bought the build
ing in which the lunch room was
located. Ho said he could not afford
to lose his street stand.
KB&ri.T OF KI.WTION
Ten Million Dollar lk>nd Issue Ovcr?
whtlmiuitly Defeated
( 'olumbia, N(.v; 2Qu Official r?;
Kt^lih of t he tdeetion hold Novombor
1, were announced by tlx* State Hoard
of canvassers just before clonjnj,' time
for state offices today, the last day
under tin* law "" which tjjg returns
could be consolidated.
There were few surprises in the
official results as previous unofficial
'consolidations were borile out. Sup
plementary returns received from
Georgetown county reversed the
standing of the proposed constitu
tional amendment to change the
terms of certain state officers, pass
ing it by 29 votes, Although the re
turns from Kershaw county as yet
had not come in, the members of the
board of canvassers decided to avail
themselves of the authority given
them under the law^o make the an
nouncement of the results without
the returns from this county. An
opinion, reassuring the commissioners
as to the legality of this course, was
rendered recently by Assistant Attor
ney John M. Daniel.
The report of the board confirmed
the defeat mf tho $10,000,000 bond
issue for state educational, penal and
charitable institutions by a vote of
nearly 3. to 1 against. The vote was
For, 8,705; against 25,192.
Local or country-wide proposetl
amendments to the state legislation
wero defeated without exception by
from 2,000 to 8,000 votes. The of
ficial totals on the state-wide amend
ments follow:
To change term of office of gov
ernor; for 12,667; against, 12,558.
To change term of office of at
torney general: for, 1.2,358; against
12,163.
To change terms of certain state
officers: for, 12,431; against 12,402.
To change the fiscal year to be
gin July 1, instead of January 1,
for 11,520; against 12,158.
Providing for biennial sessions:
for, 13,1020; against 11,757.
Providing a method for calling ex
tra sessions: for, 11,241; against
11,680.
Abolishing the three mill school
tax: for, 10,201; against, 12,834.
Increasing limit of bonded indebt
Off like
a Rocket
STANDARD
HERMITAGE WAREHOUSE CO.
CAMDEN, S. C.
The above Company is ix)\v prepared
to receive Cotton for Storage. They will
be licensed by the United States Govern
ment and under Bond, thus assuring* the
Highest Care and Protection. The offi
cers will gladly give all information as
to charges, etc.
C. H. YATES, F. M. ZEMP,
Presdent Vice-President
G. A. RHAME. Secretary
R. W. KIRKLAND, Warehouseman
MADAME CAMILLK
PALMIST'
Tells Past, Present and Future
Telia just what you war; ;o krK>\\. without asking a single qui
:ion. The veil of mystery removed. If in trouble, rail and consul?
'.his gifU*d woman. Telln business affair*-, love affairs and in fac*.
everything pertaining to your welfare. The Bible speaks in many
places of the power of the palnvt to predict the future things and
give warnings. She removes all ? vil influences, tell* you how to
gain success in Business, I^ove, Marriage, Health, Law Suits, Spe? ?
jlation, and in fact everything. Sho has helped thousands. She
ran hftlp you. Satisfaction guaranteed. Open day and night. All
reading* confidential.
IN PARLOR TENT
Opposite Kershaw MotoT Co. CAMDEN, S. C.
cdness of cities: for, 8,610; sfgainst
10,718.
Providing for the levy of the an>
mial state tax biennially: for, 9,60~;
against, 11,138,
Changing the term of state super
intendent of educationi for, 112,201;
.)? ain?t, i
ss iiat la A Coach?
What is a coach?
Now that the coach craae has hit
motordotu in earnest, it is interest
ing to know just exactly what is
meant by coach. The Society of
Automotive Enginoers more than a
year ago, defined the coach as:
Coach?An enclosed single-com
partment btfUy, similar in general
appearance to the sedan, with two
close-coupled crossseats for four pas
sengers. There is a luggage com
partment or space for a trunk at
the back of the body. There ia no
glass in the rear quarters. The con
ventional typo Has two doora .only,
the forward seats being divided and
the right-hand seat tipping forward
to give access to the rear cross
seat. Somo models have two doors
on the right-hand side, there being
two fixed cross-vseats."
The first coach was manufactured
by the Hudson Motor Car company
on an Kssex chassis, Nov. 7, 1921*
The price was ,$1,495 as against
$1,195 for the then Kasex open car.
After the i-introtfuction. of the Essex
coach at the New York show, the
coach was introduced by Hudson at
the Chicago show.?Detroit Times.
Maine Mills Cutting Wages.
Portland, Maine, Nov. 24.?A read
justment of wages in the cotton mills
of Maine went into effect today with
a reduction of 10 per cent. Approx
imately 13,000 employees in mills in
Biddeford, Sace, Lewiston, Augusta,
Waterville, Westbrook and Brv\na~
wick were affected. The last previous
change in wages was in April, 19^3,
when a 12 per cent, increase was
given.
The reduction was generally as
cribed by textile men to southern
competition and a poor market. The
Amoskeag mills in New Hampshire
recently announced a'reduction also.
DECREE
State of South Carolina,
Kershaw County.
(Court of Common Pleas)
R. E. Stevenson and A. J. Beattie,
individually, etc.,
against
H. CJ. Carrison, Jr., as Mayor, et alM
etc.
DECREE
This action was called up for hear
ing before me, by consent, at the
fall term in Camden on November
3, 1924.
Mr. Blakeney appeared for the
plaintiffs; Messrs. Kirkland & Kirk
land for the defendant, Wateree
Mills; and Mr. Wittkowsky for other
defendants. ,
The plaintiffs are alleged to be tax
payers and freeholders of Camden,
representing themselves and all oth
er taxpayers of the city; against the
City Council of Camden and the
Wateree Mills, seeking to restrain
the holding of an election upon the
question of releasing frpm the cor
porate limits the territory of the
Wateree Mills, on the gropnd that
the Council acted illegally in enter
ing into an agreement with Wateree
Mills in contemplation that the elec
tion would favor exclusion, whqreby
the mill bound itself and successors
to pay annually to the City an amount
equal to its city taxes for 1921
($404K.00), until the mill should in
crease its plant to not less than 4900
spindles, after which the amount of
annual payment is to be reduced and
continued at reduced figures until
1963; that such agreement was void
and ultra vires; and that such elec
tion, coupled with such agreement,
would be void.
The complaint sets out the spe
cific grounds of objection and incor
porates the agreement.
The answers are tantamount to a
demurrer, and presents only legal
grounds for determination.
The complaint was filed October
21, 1924.
After thi^ complaint had been rea l
at the hearing November 3, Mr.
Mills, an attorney of distinction -it
Camden, being in Court and stating
that he had no knowledge of this
proceeding or that the hearing would
be held at this time, sought the leave
of the Court to present and did so
present, a petition on behalf of tax
payers, H. G. Carrison, Sr., R. S.
Williams I. C. Hough, J no. W. Cor
bett, and (i. A. Rhame, to be allowed
to intervene and be heard in argu
ment against the election, upon the
grounds set out in the complaint,
and such other grounds as they might
be advised.
The Court thought this was but
fair, and orally allowed the interven
tion and postponed the hearing to
give counsel time to set out such
matters and to appear and be heard.
Thereupon Mr. Mills filed an answer
setting up such matters and moved
to have his clients made defendants.
After s.om* debate, the Court, having
made no formal written order at the
postponement, considered it had used
its discretion to allow the interven
tion mn< 1 th:t? it was ;ts idea to a!'ow
the*e parties to mme as prTtintiffi,
in pursuit of the common purpose,
disclosed by the c.mplaint, to ? r.jo.n
'/tTe election, and that the matter was
?{lot to stand upon a technical mai
ler of pleading; and that the -o
called answer would stand in trie r..?
ture of a rupplemcr.Lal complaint, and
defendants being given the oppor
tunity of answering, and orally fur
ther answering forthwith controvert
ing the allegation of the socalled
supplemental complaint to be reduced
to writing formally, if necessary, and
proceeding with the hearing, all of
which wa? and is ?o ordered.
The Court proceeded with tho hear
ing November 6th.
The Mid paper which, as stated
was received and considered by the
Court in the nature of a supplemental
complaint, raises three objections be
yond the , original complaint: (a)
That the petition presented to Council
was void, on Its face, because of the
clause therein declaring' petitioners
understanding that Council would pen
feet an agreement as to the liabili
lii's to the City of tho Mill, (b)
That there is, no right or cause of
action as a basis for adjudication of
the validity or interpretation Of the
agreement between the City and the
Mill, (c) That the petition was not
signed by a majority of the free
holders, and that, therefore, no valid
election cOuld be ordered .'hereon.
Inasmuch as the sole issue of fact
arising out of all of the claims, was
only as to the sufficiency of signa
tures to the petition full argument
was heard upon all of tho legal is
sues arising upon the undisputed
facts, and tne issue as to sufficiency
of the petition was reserved for later
disposition if the action of Council
was held otherwise valid.
The position that no. right of ac
tion exists on behalf of any one to
bring into court tbe question of the
validity of the agreement between
Council and the Mill, is in my judg
ment, untenable; as the agreemont
was made by Council in - pursuance
of governmental functions, the proper
exercise which may depend upon the
terms and. interpretation of same;
and it would obtain for citizens to
restrain Or bring under review, by
the court, the legality of the action
of public officers, without waiting
for a breach of the alleged void
agreement. The interest of the citi
zens may be dependent upon the de
termination of the legality of their
official agent's transaction; and in
this case it appears they are so de
pendent. ?
There is no statutory provision for
cities, under bonded debts, to adjust
proportionate liability upon the ter
ritory released. I think tho general
law takes care of this situation;? but
when there is a method provided in
a contract which facilitates such ap
portionment, and collection, and by
which contract the territory to be
exempt would be bound, and be estop
ped ever from contesting the taxpayer
has no grievance. I think too that
there is a strongly implied power in
a council to adjust, as between it
self and the territory proposed to be
released, its coobligator for city
debts, their proportionate amount of
such debt; and especially so, as the
idea that such adjustment would be
made effectual is declared by those
petitioning for the reduction of area,
and especially so, under this view of
the question, as otherwise, it would
be practically impossible for areas
of bonded cities ever to become re
leased from corporate limits, as, after
such release, the excluded territory
would be beyond the reach of coun
cil for taxation to meet the bonded
liability, and until default upon the
debt by the remaining corporate area,
the bond holder would have no right
of action against the excluded area.
Under such conditions it would seem
leston conveying certain property to
sccuro a valuable tourist hotel.
In arty fvent the citizens, know
ing what the agreement is, and thai
it is held valid by a Coujrt of coat
potent jurisdiction still have full op
portunity to pass upon the questiom
of the exclusion of the Mill at tke
election to be held December I6tk;
and tho Council cannot release* the
Mill from corporate limits, where h.
now is, unless the citizens themselves
so decide.
Those who oppose release can vote
against it, for, upon the whole, th*
release is an act of the citizens ami
not of the Council.
Finally, upon tho question that the
petition for election is not legal as
being conditioned upon an under
standing that the City would make
an agreement to secure the liabilities
of the Mill to the City; I fail to
accept the soundness of the reasoning
that this invalidates the petition for
an election by going beyond the terms
of the Statute,
It appears to me that the City hav
ing made such an agreement it be
came mandatory upon the City to
order the ? election.
The clause in the petition was met.
Thereupon, I think, said statute (Sec.
4387, Code Vol. 3) was met.
It is argued also, and this too ap
pears to me sound; that the clause
in the petition declaring that peti
tioners understand that the City wilt
adjust liabilities of the Mill to the
City, is no wise expressed nor im
posed as a condition precedent, but
as an expression that petitioners ex
pect such adjustment to be made.
This clause could have been treated
as surplussage, but was treated re
spectfully by Council, and the request
met; the petition did ask for the ex
clusion of the mill area.
In the foregoing all questions, de
pendent on undisputed facts, arising
virtually by way of demurrer has
been passed upon.
It remains only to determine whe
ther the petition was sufficiently
signed. Council, so found before or
dering the election; Council for the
original plaintiffs so decided and,
therefore, did not raise the point.
There can be no great difficulty in
examining into that; and perhaps,
upon examination if may be aban
doned. However, as it is raised, it
is hereby referred to the Master for
Kershaw County to take testimoriy
such as may be offered thereon with
in ten days from the date of the
filing hereof and report the same to
the Court.
Therefore, the prayer to enjoin the
said election is refused; for^ #ven
though it should be found hereafter,
as a matter of fact, that said peti
tion was insufficient, and the election
should bo held and carried before de
cision of that question by the Court,
the election would be declared void.
And it is so ordered, adjudged and
decreed.
(Signed)
R. WITHERS MEMMINGER.
Presiding, Judge 5th Circuit.
Camden, S. C., Nov. 7, 1924.
futile to submit a question of exrius
t<pn to the voter; ami would obtain a.
a practical reslliattoti of this n|bt
Alfa in j of course, any agreement
between the cityjmd a released por
tion of its area, as to thrir relative
contributions to the boyded indebted
ness of the city would not bind a
bond holder; and the agreement in this
ease appears to make no such at
tempt. If the agreement goes further
and provides as is claimed for con
tribution to City taxes for current
expenses, that would not be any griev
ance or prejudice to the citizens - aa j
it would procure that which could
not otherwise be expected. The Mill,
1 with whom the agreement is made,
alone, could protest. They are now
| the owners of the area in question.
I It is their property and successors
;who are pledged for the annual pay
I ments to the City. They are forever
I estopped .by this record from disput
l ing the validity of the agreement.
It is contended, and earnestly ar
gued, that the obligation assumed by
the Mill is perpetual and indefinite,
[and, therefore, void. '
It appears to me that, as it is in
I the power of the mill to decrease the
larger payment by increasing its
plant to the stipulated extent, the
soundness of that contention disap
pears. Furthermore, an obligation to
pay a perpetual annuity is not il
legal. Blanding v. Columbia, 10
Rich, Kq.-cited, in the argument.
Furthermore, a reasonable construc
tion of the agreement as a whole,
convinces one that all the amounts
stipulated to be paid annually to the
City are intended as the adjusted
amount of the liability of the Mills
to the City for its proportion of the
bond debts of the city, and to termi
nate 1963. with the last maturing
bonds.
In the course of the hearing, ob
jection was raised to the agreement
as not containing apt words to create
a lien in favor of the City upon the
property of the Mill, and its succes
sors, to secure the payment of the
stipulated amounts. Attorneys for
the mill announced that it was their
desire that the Court adjudicate the
agreement as actually creating a lien
of the force and effect of a mort
gage; and it is hereby so held to op
erate, in case of exclusion of the mill
area.
It is evident that the Council and
the Mill are acting in good faith and
endeavored to make an agreement,
pursuant to the petition of the free
holders asking the election, which
would^ bind the Mills by valid con
tract, secured by lien, to make the
payments stipulated. s.
That the arrangement is good pol
icy and not against public policy is
a question pf policy which has been
passed upon by the Council, and it
was seen that would be a question
for them;?and would be pronounced
good policy in the interest of citi
zens, even if the Court was charged
with sanctioning or disapproving
their action in that behalf. Mani
festly it would appear good policy,
as in the case of the City of Char
Again
HUDSON-ESSEX
Reduce Prices
Effective November 26
ESSEX
COACH
*895
HUDSON
COACH
$
Hudson 5 Pass. Sedan Now $1795
Hudson 7 Pass. Sedan Now *1895
All Pric*i Freight and Tarn Extra
"World's Greatest Values"
Everyone Says It?Sales Prove It
The world's greatest automobile values
are now priced below all comparison.
They are the finest Hudson-Essex cars
ever built. Such price reductions are
possible because they are the largest sell
ing 6-cyhnder closed cars in the world.
?
LITTLE MOTOR COMPANY
T. Lm Little, Manager, Camden, S. C. . Is
T * d&t