The Bamberg herald. (Bamberg, S.C.) 1891-1972, April 14, 1910, Page 6, Image 6
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Y1CT0BV FOR RAILROAD
STATE SUPREME COURT REVERSED
BAMBERG CASE.
Right of Way of the Company and
, Use of a Street by Citizens
of Town Involved.
* .
Columbia, April 6.?The Southern
Railway gained a victory when
. the Supreme Court to-day reversed a
Bamberg case in which the right of
way of the company and the use of a
street by citizens of that town are involved.
The opinion follows:
The State of South Carolina, in
the Supreme Court, November term,
iqaq w p Rlnme. nlaintiff-resDon
j dent, vs. Southern Railway Companj
(Carolina division,) defendant-appellant.
Reversed. Opinion by D. E.
Hydrick, A. J.
Plaintiff recovered judgment
against defedant for obstructing an
.
alleged street in the town of Bamberg,
by building thereon a depot and
" platform, and thereby blocking the
way to and from plaintiff's residence.
fj;- < . . The alleged street is a part of de'
fendant's right of way. Plaintiff at
Vi *V tempted to prove title by prescription
in the town to that portion of the
f defendant's right of way in question
: by showing an adverse use thereof by
the public as a street for more than
| - .. f twenty years.
It appears that a part of the town
^ ?* Bamberg has been built up along
defendant's right of way, and that at
least since 1894, the right of way has
been laid out on a map of the town
I > \ \ a street, and that for many years,
a part of it has been worked and
lippt up as a street by the town au-i
y thorities, and property bounding on
It has been sold with<reference to it
%as; a street. It does not appear,
-.however, that the defendant or any
pf its predecessors in title knew that
r % . .J the right of way was laid out on the^
py.Vj . \town map as a street, but they knew
jjyy that a part of it was worked by the j
town and used as a street.
The testimony shows that the por"
tion of the right of way now in ques'
tion was not worked or used by the
fc public as a, street prior to the year
1897, when plaintiff purchased and
v > built a dwelling house on the right of
V"* *W *"
* / way, which.Js described in his deed
y as a "street, known as North Railrtoiad
avenue." But, for some twenty
' or thirty years previous to that time,
pSv, - there had been a path, or road, along
' y. that portion of the right of way op*
posite to the lot bought by plaintiff,]
Haii&ff - and for some distance along the rail^
:* road. Over this road crossti.es and
,"jT. wood had been, hauled and deposited
on the right of way for railroad purposes;
and a few persons, who lived
; in the section pfyond plaintiff's lot,
went along the right of way to and
from their houses; but the road, or
v . path, was hot generally used by the
* yvjT Puilic. The depot and.platform were
i ? .built in 1905. /
" The South Carolina Canal and
?
'%, 'Ib&lroad Company was incorporated
- ' - by an Act of the Legislature, and
built the railroad now owned by the
defendant. The Act of 1833, (11
^ y V Stat, 384,) provides that,, in the ab-l
v ;sence of. contracts with owners of the ]
lands through which the road* was
-y built, it shall be presumed that the
p v V laid-on which the road was built, together
with one hundred feet on each
\ aid# of the centre of the road, has
been granted by the owners thereof
- to the company, and that the. comL-&P'any
and its successors shall "have
crV?+^ onrJ- title therfttn. fin lone
- . J 6WVU 4 F -o
0'. "fe the same shall be. used fox the
/; purposes of said road. In 1833, that
' company acquired, by purchase, the
r fee simple title to a tract of land;
"Which includes that portion of the
right of way now in question. The
V 'defendant is the successor in title to
the rights and property of that company.
. *
?* When all the evidence was in, de-f
j
, ? :;fendant moved the Court to direct a
verdidt in its favor, on the ground
?, .. that no use of its right of way had
been proved incompatible with its
use by defendant and its predecessors
in title for the purposes for
which it had been acquired; and,
therefore, no prescriptive right to the
use thereof as a street could have
? been acquired by the public. The
motion was refused.
jir' \
'- > ' The facts of this case bring it
* * ' squarely within the principles any.,1
'./{> nounced in Matthews vs. Ry.> 67 S.
S., 499, where it was held that the
public cannot acquire by prescription
the right to use the right of way of a
railroad company in a manner inconi
sistent with the company's use of it
? ! for corporate purposes.
/> . '0 The doctrine was announced that,
under our statutes, and the general
principles of law, the public has an
interest in the construction and operation
of railroads as highways,
which are burdened with duties t >
the public. Therefore, a railroad
cannot dispose of or so use its right
of way as to impair or^ destroy its
ability to serve the public; and that,
even under the condemnation statutes,
another highway cannot be laid
out over the right of way of a railroad,
.if the construction of such other
highway' operates as a hindrance to
' - . V ^
'= ' - J
the use and enjoypieht of the right of
way for the purpose for which
it was previously procured. Prescription
rests in the presumption of
a grantor dedication, and as the railroad
company has no power either to
grant or dedicate its right of way for
any other purpose for which it
was acquired, the presumption
cannot arise, and therefore, neither
Drivate. individual nor puh
lie, can acquire by prescription
of a railroad, which is incompatible
with the purposes for which it was
acquired, or which would hinder or
impair the railroad company in discharging
its duties to the public, imposed
upon it by law. I
.The Circuit Court seems to havej
taken the view, that the doctrine of
adverse possession was applicable to
the case and the jury were charged
accordingly. But the facts of the
case do not bring it within the principles
laid down in Beaudrot vs. Ry.,
63 S. C., 266, and Hill vs. Ry., 67 S.
| C., 584. In each of- those cases, a
| part of the alleged right of way was
j enclpsed by a substantial fence, and
<; held in possession for the statutory
j period under claim of right, exclusive
J of any right or interest therein by the
i railroad company. It was held in
I those cases that such an assertion of
j right to the exclusive occupancy of
the land in question was-incompa,
tible with the easement. But in this
c&Se, no such possession. of any part
of defendant's right of way was
shown, and no use thereof was proved,
which is incompatible with the
purpose for which it was acquired.
The fact that fendant owns the fee
in the land, and not merely an easement,
can make no difference,, for if
defendant cannot alien or lose by prescription
an easement acquired by
mirchase or condemnation, neither
r
can it alien or lose by prescription
the fee in the right of way acquired
by purchase. It is not the character
of the estate, but the public purpose
for which it was acquired, and with
which it is burdened, which takes it
out of the general rule.
The verdict should have been directed
for defendant. Judgment reversed.
^
Women in Queer Professions.
The mere fact that women "do
things" signifies that they have lost
their old occupation, a fact which
can not be concealed by -the problems
of bridge or ?the problem of
Bridget
The inventive faculty, commonly
and properly supposed to be masculine,
is moht naturally directed to
domestic advantage when possessed
by a woman. A new mechanical device
f<fr a woman'8 work-basket, indented
by a woman, is less surprising
to-day than was the fact that
Mrs. Nancy Mi Johnson, of Washingten,
was the first person to take out
a patent for an ice-cream freezer, in
1843, selling the right for $L41>500;
yet both of these Inventions pertain
to woman's traditional, occupations.
The broom has been an accepted sym'
'* - * ? in oil
DOl OI WUliiau o outci cigui^ iu *??.
ages, but Mrs. Bhssell* has found a
successful business career, not vy
sweeping cobwebs from the sky, hut
"with the jtirely mundane carpetsweeper.
. The Business Men's League of New
Orleans has given Miss Kate M. Gordon
a gold medal in recognition of
her services to the city as president
of the Women's Drainage and Sewerage
. League. It ^ .*as ? largely
through the efforts of Miss Gordon
that the women of New Orleans got
tax suffrager and, as president of the
Drainage and Sewerage League, she
Is said to have cast more votes than
any other citizen of the United Stajesl
The women, if they so prefer, may
vote by proxy. Miss Gordop, it is declared
cast more than one hundred of
tbese proxy votes.
The latest developments mark the
new day by completely ignoring the
economic traditions of woman.. Women
are serving as guides in Maine;
there is a woman wireless operator,
Mrs. R. H. Tucker, 6n a steamship
on 'Puget Sound> *Capta!to' Mary B.
Green Is a pilot on the Ohio and Mississippi
rivers; the granddaughter of
Elizabeth \Cady Stanton and the
daughter of Mrs. Harriot Stanton
Blatch is a civil and hydraulic engineer,
a member of the American Society
of .Civil Engineers.?The Delinator
for May.
Chorus. Lassies Sleep in Prison.
Fort Wayne, Ind., April 8.?Bluffton
is a dry town and to this is due,
the anti-saloon people say, the fact
that there are no prisoners in the wet
county jail which houses the chorus
of a light opera company.
The' Methodist conference is in session^
and all the fcotels were packed
to the limit, so there was no other
place open to the girls. The company
arrived during the afternoon,
+Vic monowr frmnri everv hotel
?UU tliv 1UUUMQV* ? v
and lodging iiouse crowded.
After male members of the company
succeeded, in securing quarters,
no place could be found for ten girls.
Finally it was suggested to him that
sleeping room could be secured at
the county jail. He broached the
matter to-the girls and' they consented
to go there.
v \
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A
GREAT CRASH, AWFUL REPORT.
| Strange Occurrence Excites People df S
Cherokee.
Gaffney, April 8.?The people of
the Aratt section, about ten miles I
from this city, were greatly terrified f
last Friday night, about 8 o'clock, d
when a series of blinding flashes were ?
seen in the sky, followed by a great c
crash and awful report. The houses r
for a distance of two miles around \
were shaken and the glasses in the a
windows became loosened by the re- S
port. The whole neighborhood was t
aroused but all were too frightened a
to investigate the matter on that r
night. The following morning a t
squad was, formed and several people t
went to the place from which the re
port came and a yawning hole wasl
found, about fifteeen by twenty feet,
and a little over six feet deep. Noth- ^
ing else was found. .
It is generally believed by the peo- j
pie of the AraS,t section that it was a
meteor which fell, causing the blind- ^
ing flashes and the great noise.
They are all firmly convinced that it d
could have been nothing else, and the
fact that Haliey's comet has now become
visible in Gaffney lends color
to the opinion, they believing that his
may have in some way been responsible
for the occurrence. No theory
other than^ that It was a comet
v
has been advanced, as it is
the' only possible thing that
would have come through the air
and caused such a disturbance. No h
effort has been mdde to see whether &
or not it is hurled in the hole, and t'
the speculations as to whether or not S
it was really a comet are rife in Gaff- d
ney and the above named community.
Doubtless an effort will be made at Q
once to dig into the hole and if possible
to locate the object and doubt- f
less some interesting development^ d
will arise. If it be a meteor and is o
anywhere near as large as is the hole a
that was made, it must indeed be t
wonderful. Meanwhile the people of d
*-?"* TnnoVi orMtpH nvpr the
Ai aat ^ iu
question, s^id are very anxious to t
learn the cause of the peace of the o
community being disturbed.
$ V d
Opposition to Negro Enumerator, t
g
Spartanburg, April 7.?The citizens
of Pacolet station and Trough
Shoals are:very much opposed;: to having
the negro, R. L. Moore, as census t
enumerator in their section of Paco- D
let township. A petition signed by 11
more than 100 prominent citizens,
asking that Moore be removed and a *
white man appolnted?in his place, has b
been forwarded to George M. Pritchr ,c
ard, supervisor of census, Greenville. 0
The people of Pacolet tnd Trough c
Shoals think that a negro is not the r
person to greater statistics for the ?
census. They do not belive that the a
people will give him the information 0
and so state in their petition to the
census supervisor at Greenville.
R. L. Moore is a negro who has t
taught a colored school at Pacolet e
anil also at White Stone. He now 0
nny-niaa the iriflll between Trough r
VU1 1 AVU V?v **??.. _ ^
Shoals and Pacolet station. Pacolet
township Is divided Into three sections s
tnd each section given to a separate t
enumerator. So opposed are the peo- D
pie to having a negro enumerator that a
it Is believed if one began to serve j,
that it woulcjf be made so unpleasant D
that the friction would r,esult in serious
trouble. j,
q
Burglar for Excitepient. v
t
Savannah, Ga., April 10.?Confessing
that nightly, with two exceptions,
for over two weeks he has committed
burglaries in Savannah, William 6
Blackburn Runyan, aged 17, is pris- ?
oner at police headquarters, and a
large part of the valuable loot he admits
he btole has been recovered. v
Runyan states that he is the son of a 0
woman practicing physician at Richmond,
Va., but that she is well to do
and wiling to provide for him. He j
declares he commits burglary merely i
for the excitment he gets in the work a
and that he never carried a pistol in i(
his life. s
A ~ - ? nrAwlr TJnr^ 17an
AS a sample UL uia nwi n.
stated that he took two watches, eight t
diamonds, watch chains and necklaces v
from the Wood home here. He entered
also the homes of Harvey Granger, E
John Calhoun and other wealthy Savannahians.
He also robbed the e
Screven house. * He stated that be- t
fore coming to Savannah he commit- v
ted two burglaries at Norfolk. I
State of Ohio, City of Toledo, Lucas v
County.
Frank J. Cheney makes oath that S
he is senior partner of the firm of
F. J. Cheney & Co., doing business
in the City of Toledo, County and
State aforesaid, and that said firm
will pay the sum of One Hundred n
Dollars for each and every case of a
~ " 1~~ J K.r +V./-, I ^
uatarrn mat canuuu ue tmcu uj me
use of Hall's Catarrh cure. ' *
FRANK J. CHENEY. a
Sworn to before me and subscribed a
in my presence, this 6th day of De- c
cember, A. D. 1886. P
A. W. GLEASON, f?
(Seal) Notary Public. c
Hall's Catarrh Cure is taken internally,
and acts directly on the# blood a
and mucous surfaces of the system. ^
Send for testimonials free. 7
F. J. Cheney & Co., Toledo, 0. a
Sold by all druggists, 75c. Take ?
Hall's family pills for constipation. s
I
*s ' V
*
[ KTANIZE SPAR i
REACHED FIGHTING STAGE.
Sensational Scenes in Mississippi
Senate.
Jackson, Miss., April 8.?Senators
Banks and Tucker made frantic eforts
to lay hands upon one another
luring the senatorial bribery investi,ration
late to-day, and a personal enounter
between the angry, shouting
nen was only averted by strenuous
vork on the part of their fellow Senitrs.
Tucker, who is counsel for
Senator Bilbo, angered by the use of
he shorter and uglier word, rushed
,t Banks. Banks, white with anger,
ushed toward Tucker. Other Senaors
intervened and roughly pulled
he men apart.
Dulaney Denies Charge.
The quarrel came suddenly and unexpectedly.
L. C. Dulaney, charged
?y Senator Bilbo with having paid
lim a bribe, had been on the stand,
le had denied the charge flatly, and
ras being cross-examined by Senator
'ucker, of counsel for Senator Bilbo.
The witness was unshaken in his
ienial of any crookedness, but delared
that Bilbo repeatedly hinted
hat he could be bribed, and repeatdly
asked for and received bottles
f liquor. He declared that Repreentative
Cowart intimated that he
/ould not be averse to selling his
ote.
Senator Anderson Angry.
Then came the explosion. Duaney
was. asked by Tucker if Percy
ad not paid the expenses of all 'Sena
orial candidates except Vardaman.
enator Anderson, who was a candiate,
arose, stern and angry.
"It is an absurd and insulting
uestion," said Dulaney.
A number of senators were on their
eet demanding recognition, Presient
Pro Tem Dean was pounding for
rder, a dozen mSn were shouting,
nd above the uproar could be heard
he trembling voice of Senator Anerson,
shouting:
"I resent that question; I resent
he insinuation that I permitted any
ne to pay my expenses."
From the rear of the Senate, sterner
Senator Banks came rushing to
he front. In a lull in the uproar, he
ot the floor and shouted: $
Uses Plain Language;
"Any man who says or insinuates
hat anybody paid the expenses of
ay friend, Congressman byra, is a
laf, as false as hell."
Senator Tucker made a rush at
lanks, and Banks charged to meet
1m. Senators turned over tables and
hairs to get between the angry solus.
It looked like a personal difflulty
could not be averted, but some
ough handling of the two belligerent
lenators ended in their being jerked
part. After another wrangle, the
uestion was withdrawn.
"Keep My Name Out."
Then several Senators demanded
hat the newspaper men be "instructd"
not to mention either the quarrel
r the wrangle between ^Senators
tanks and Tucker.
"It was stricken from the record,"
aid President Pro Tern Dean, "and
he newspapers cannot print anything
iot in the record, or the result of
nything not in the record, includag
our little personal disagreeaents."
Then everyone apologized.. Duaney
was excused, and when things
uieted down a bit, the testimony
ras resumed., Several witnesses tesified
to Dulaney's good reputation
or veracity and integrity.'
At the night session W. W. Mitch11,
circuit clerk, of Poplarville, Sentor
Bilbo's home, testified that ht
mew Senator Bilbo's reputation for
ruth and veracity, and that he
fOUld 11UL UC11CVC IUC vu
ath.
Bad on Bilbo.
W. A. White, an attorney from
liloxi, told of trying out Senator
Jilbo in 1908. A bill was drawn
,nd sent by a man named Bob Moseey
to Bilbo. Moseley returned and
aid:
"Bilbo did not give me a chance
o make him a proposition, he made
is one."
Robert Moseley, formerly town
uarshal of Biloxi, said:
"I went to see Bilbo, and when I
xplained the J)ill he took out a little
took, figured a while and said, 'It
(rill cost you three hundred dollars.'
offered him a check, but he said he
wanted money."
After ^loseley had testified, the
lenate adjourned until to-morrow.
Saved from the Grave.
"I had about given up hope, after
early four years of suffering from
severe lung trouble," writes Mrs.
I. L. Dix, of Clarksville, Tenn. "Of?
?vixr oh oct wnnld hp
?11 tULC paiui m liaj vuvww ?.
Imost unbearable and I could not do
nys work, but Dr., King's New Disovery
has made me feel like a new
erson. Its the best medicine made
or the throat and lungs." Obstinate
oughs, stubborn colds, hay fever,
i grippe, asthma, croup, bronchitis
nd hemorrhages, hoarseness and
chopping cough, yield quickly to this
wonderful medicine. Try it. 50c
nd $1. Trial bottles free. Guaraneed
by Peoples Drug Co., Bamberg,
. C.
*
withstood the scrutinizing tes
Hank Haff on the yacht "Ind
He said Kyanize Spar Fi
good a varnish as he ever i
used Spar Varnish for many 5
& We recommend Kyanize
ior outside doors and all expo
J. A. HUNTER, Ag
| No Mori
4 witjh that automobile, bi<
4ft, have me to put it in flrstprepared
to do your work
cities, and my prices are ?
(A also have in stock a well 1
j AUTOMOBILE &
5* which I will sell to you at
w what you need I will get j
-J the next one. When & n<
7 don't forget me. All woi
fj. B. B
2 The Repair Man.
X co"
The ginning season is now t
have the engine and boiler and
tion for next season's work so
"starting up" with the first 1
Works take gpnr plant in hand,
and save yon dollars and trou
paying out the cash for the w
about it, and,, "ten to one,",th<
the work done before the rash,
" do no harm to inquire about i
* The Denmark Machine Works
' i
' Bargains in R<
Farms in small and 1
and residences, m
, mill sites, sale stab
H propositions, at lo^
terms. Descriptive
. tion. Call on or vrr.
I J./T.
|^^eal Estate Agent, Q
i
The Thrifty Man is a Li
His good fortune, howev<
He works and saves. H
only, bat the fruits of s<
he lays by for the morro
His savings are depositee
tion from loss and where
a fair rate of interest.
DEPOSITORS WITH THIS B
Interest is credited quarts
through the quarter. Fc
PEOPLES BANK C
* ?
/
I mn
let
We will send around the ice v
house will be OPEN ALL THI
will always find someone read]
HAY!
I also sell No. 1 Timothy Ha
in need of anything in my line
SMOAK'S SALE A
J. J. SMOAK, Proprietor
f Take a Look
* ^r/\TT T>n
I - WHKK1U WlliU IUU oc/
I barring accidents and bai
I money ahead? You certai
I to save. And if you are
I We will start your'accounl
I glad to explain anything
I not understand. Come in
5 posit and Lay by Somethin;
I EHRHARDT BAJ
^ EHRHARDT, ..............
i
: P
:
i: ' ,v'v'.
Spar Finish H | T
ised work. ' ^ g *i\w *** " |
;ent, Bamberg, 5. C.
X 1 =
; Trouble!
* %
cycle, gun or pistol if yon will 9
class repair. I am just as well M) '
as anyone outside the larger XI
ibout twice as reasonable. I 'V
selected line of & iV4
BICYCLE SUPPLIES I f
closest prices. If I haven't T
It for yon just as prompt as
sed of anything in my line ,
k guaranteed. jT
..Bamberg, 9. 0; X
?" 1
rTON! L
ibout over, and NOW is the time to
ginning machinery pnt in condl- I
that there will be no delay in B ? |
bale. Let the Denmark Machine I 7
putting it in proper snape ior you, :;
ble both. If yon do not fee1 like
ork when done, see or write tban .'?|
ey will manage it so yon can hare. Kv
and pay for it next fall. It will I
t anyway. Just write about it to ;v;j
i, Denmark, S. 0. 1
X I
aon^ifl|jjg
eal Estate, etc; !Jj
argetracts, town lots ; ' !
r-cantile businesses,. ^ j J
!es, and pole and tie ]
' figure! and on easy . m
list sent on applies-4 1
ite,
3'NEAL ' ' I
- - - Bamberg, S. 0. j
I n' - 11
lflTT Win fc S
3r, does not come by chance.
is labore are not for to-day 4fh
mo part of each day's labor 1
w. _ > |||
1 where he is sure of protecu
~14. nrlll #A? Mm *
UlS ucpusu nm Ullu AVI H..M _
ANK ARE ABSOLUTELY SAFE* b ^
?rly upon balances ^remaining p '
>ur per cent, is allowed. I ^
- - - - Bamberg, S. 0. }
j
I have just had erected an Ice fl
house next to my Sale and Livery I
Stables and expect to handle ice I
from now on. I am in the busi- 1
ness to stay, not for a short time, 1
and ask for a share of your patronage,
guaranteeing only the best ' ?.
ice and the politest of service* :4 'rfj
ragon once every day, and the ice } fy;
3 TIME, Day and Night, and you j'ia
r and anxious to serve you. <
HAYi py
y at the very closest prices. When I call
011 or 'phone me at
ND LIVERY STABLE Ij
Telephone 68 ^
Into the Future ]
two years from now? Even I
i health, will you have any 1
inly will not unless, you begin I
going to save, BEGIN NOW. I
t at $1.00 or over and will be |
about banking which you do B J
, get acquainted, make a de- fl i
g for Your Future Self. - M.
tfKING COMPANY. ~ I j
.SOUTH CAROLINA. M'