Historical Newspapers of South Carolina

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V.' * 4 taudard. sr, •4 * vol. xxxn WALTERBORO, S. C FEBRUARY g.* 1910. w . ?> * * NO. 25 UNCONSTITUTIONAL S. M. HERNDON DEAD JUKE SHIPP SO DECLARES EIEMP . TMNJO GENEUl STOCK LAW IN COLLETON COVNTT. ON EYE Of MARRIAGE YOUNG MAN SUCCUMBS TO ATTACK OF PNEU MONIA Af TER BRIEF ILLNESS. ^ A decision has just been rendered by Judge S. W.G. Shipp in re some stock law cases which has been ap pealed to his court, and which will be of considerable interest to the people* of Colleton county. This question has been in a more or leas ... . . . . . unsottM state for several days, and! tutawvllle. Inrt had returned to Col- this decision of Judge Shipp is in TWO NEW PRIZES OffERED - FOR HUSTLING CANDIDATES i The Contest Man has been mightily well pleased with the interest Just four days before the day set j n this, the greatest voting contest over instituted in Colleton for his jnarriage, Samuel M. ! County, but he feels that there are a few of the candidates who are not as interested as they might be, and in order to stimulate their interest, two new prizes are offered this week to those who do not win the first four prizes offered. These prizes will be given to the candidates making the greatest gain from this date to the close of the contest, and they will be: „ • First Additional Prize $10.00 in Gold Second Additional Prize 5.00 in Gold Now remember, these prizes go to the candidates not winning one of ORGANIZED^S. WORK DEPARTMENT FOR ORGANIZED SUN DAT SCHOOL WORK; CONDUCTED BT MISS I. M. FISHDURNE. don of Sniders passed to the great beyond. He wels only 24 years old and in the beginningof a life of use fulness. For the past year Mr. Hern don had been with his brother at CHURCH BURNED BETfllEIIEM BAPTIST CHURCH WAS DESTROYED BY FIRE SUNDAY MORNING. leton to make his home, having come line with' bringing it More the su- [° P"’""? *“ bri . n * h » brid r wben the four prizes, and making the greatest gain between now and the close preme court, where the matter will be determined one way or the other. It will he remembered that these he was taken sick. AH was done for him that could be thought of to re store him to health, but of no avail. and at 2 o’clock Wednesday the end cases were fought out some time 1 J ago in the magistrates’ court. The Mr. Herndon was a son of Mrs. | Jane Herndon and leaves his mother, i three brothers and five sisters, as B. B. Herndon of Eutaw’- first case was that of Carter vs Barnes before Magistrate Wilson The second case was that of Miley vs Goodwin which was heard before, ° ow ‘ s ' . The decision in both v,,,e - 0t,s and Leon * rd of linger; j and sisters, Mrs. Curtis Breland. Judge Bryan, of these cases was in favor of the ex emption and each side was fought by able counsel, the plaintiffs being represented by Howell & Gruber, the defendants by Padgett & Lem- acks. The counsel for the defense have expressed an intention to appeal to the supreme court. A/ L. Carter, Plaintiff-Kespondent, ° vs Willie Barnes. Defendant-Appellant. Order. The plaintiff-respondent and the defendant-appellant reside in that part of Colleton County mentioned Misses Vara, Dana, Nora and Lizzie.' Besides these his betrothed. Miss Minnie Way of Holly Hill. She was summoned and. accompanied by Mr. Herndon of Eutawville, came on to attend the funeral, which was held Thursday afternoon at 4 o’clock at Pine Grove cemetery. The funeral services were conducted by Rev. J. P. Graham in the presence of a large number of the friends and relatives of the deceased. tratawas in error in not holding! that the plaintiff was not entitled to in subdivision one (1) of Section l.V« i recover possession of the hogs in dis-: of the Civil Code. Vol. 1. The Ap- pellant. Barnes, took up certain hogs of the respondent found running at large in said portion of Colleton County and plaintiff-respondent in stituted proceedings before a magis-; trate of said county for the recovery of said nogs an i the magistrate gave It is, therefore, ordered? that the judgment of the magistrate be and the same is aereby reversed. S W. G. Shipp, Presiding Judge. Feh. .°>. im A second decision was’ harder! judgment for plain tiff-respondent j l »V Judge Shiup in the case ot and D jfendant Carter appeals to the | J- Miley vs B. B. Goodwin, which court from said judgment upon, 1 '’*** appealed from a decision by numerous exceptions. It is contend- Magistrate J. E. Bryan, in which the ed by appellant that the general! magistrate is reversed on the grounds in stock law is in force County and that the exemptions mentioned in Nation 15<M, V ol 1, ol the Code are void and unconstit u tional., leaving out of view th‘* ef feet of the Act of IfMfi as repealing i the provisions of Section 1509, anci addressing ourselves to a consideru-1 tion of Section lo09 we find the sec-, tion contains five subdivisions—sub division one ill contains nz proviso, but subdivision five (5j contains the ' proviso: ’ That the citizens of tlie territory exempted under the pro visions of this section shjll build a fence from the’said |n»int on Pm Colleton set forth in above decision. C *1. J. G. Padgett, one of the at - i tome.> for theantt—t»>ck lawj»eople,! when seen by a representative of The 1 Pres.- and Standard, said: “Uf efurse. the matter will not, -t'Yp her**. Judge Shipp’s decision is i •FiU un intermediate step in the pro ceeding- to determine the validity of the- exemption in Colleton, coumy We intend to appeal from his decis- i .u o it*? nupr* me court and to thi.- end tia 1 e served notice of our inten tion to aiov-al on the attorneys for the stock law people. Until ovr scr- Pon river to the said point on T"o preme court rm.'***'* upon the ques- g »odoo creek, separating the portion; tion, and cither offirms or reverses of the contest. Be a WINNER and go in to WJN, That's the way it is (’one!. , . “How di*l you win?” they asked the man Who with defeat had tus.-led; “Three things I did,” hi answered them, “Bustled, Rustled. Hustled!” . Miss Chase Black. Walterboro 4H,22U Miss Jennie Addison. Cottageville 41.ti90 Miss Jennie Connor, Smoiks . ..87*21 •’> Dr. M. R. Campbell, Walterboro 32,085 Mrs. Gertrude Strickland, Smoaks, R. F. D. 2 31,325 Miss Janie Crosby, Lodge../. 18.280 Mr. S. W. Linder, Walterboro 16,830 Mr. L. C. Padgett. Smoaks .. a./. 15,920 Mrs. Mamie O’Quin, Hendersonville 14,150 Miss Lillian Redish, Weeks 13.490 Mr. L. G. Drawdy, Weeks 13,420 Miss Lizzie Delle Blocker, Walterboro, K. K. 1). 2 12,790 Miss Ruby Hill, Round 11.820 Mr. W. P. Snioak, Ruffin. R. F. D. 2 : .10,370 Mr H. LeeCnassereau, Walterboro, K. F. D. 3 £960 Mr. Jasper A. Saunders. Walterboro, . * 9,095 Master Estes Smith. Walterboro 8,640 Mrs. M. M. Corbett, Islandton 7,750 Prof. H. G. Sheridan, Walterboro 6,520 Mrs Eva Brant, Ruffin 5,915 Mr H. J. DuBois. Islandton 5,750 Miss Alice Sykes, Walterboro, R. F. 1). 3 5,750 Miss Addie Peeples. Meggett 4,880 Mr Lee B. Hudson, Ruffin 4,550 Miss Ruth Brant, Brant 4,540 Miss Viola Connelly, Walterboro 3,600 Mrs. Mabel Gatch, Early Branch 3,520 Miss Maggie Graves, Walterboro 3,260 Miss Maggie Ramsey, Williams 3,200 Miss Nancy New’ton, Adams Run 3,760 Miss Mary Ann Mjers, Badham 3,010 Miss Jessie Dodd, Round 2,835 Miss Lucile Hiers, Walterboro 2,620 Miss Belle Wescoat, Walterboro * 2.500 Rev. B. R. Ulmer, Ruffin 2,300 • Miss Esther Linder, Walterboro 2,020 Mr. T. L. Hudson, Ruffin. R. F. D. 2 2,010 R. S. Bailey. Weeks 2.000 Miss Blanche Griffin. Ruffin 2.080 Mr, John II. Wilson, Smoaks ^ 1,510 Miss Dora Langdale. Walterboro 1,510 Mr. J. W’. Baggett, Jr., Hendersonville 1,500 Mrs. Irene Bryan, Ruffin 1,930 Miss Darling E. Smith, Islandton 1,000 Mis Sallie Smith, Islandton 1,000 Miss Zula Carter, Ruffin, 1,000’, ’ Miss Nell deTreville. Walterboro 1,000 Miss Addie Linder, Walterboro, R. F. D. 3 1,000 would undoubtedly be constitutional, j court passes upon it. Up to this writing reports have been received from all the Sunday Schools of our Coynty with the fol lowing exceptions: Adnah, Red Oak. Adams Run, Episcopal, Maple Cane, Pine Grove, No 1, Pine Grove, No 2, Spring Hill, Great Swamp. Oak Grove, Doc- I tors’Creek. .j Some of these are in sight. We still hope that all may come in be fore the close of the week in order to enter a complete report for Col leton Schools at the Annua! Conven tion. We print a condensed form of blanks which we have been request ing Superintendents or Secretaries to fill out for us. If any Sunday school worker of the above schools will be so kind as to copy same and fill out to the best of his or her ability returning; at an eary date, we shall be very much aided and the •Aervice wnll be greatly appreciated for in making this re port such a one will not only be helping to advance Sunday School interests in our home County but will be contributing a part in gath ering statistics for the entire Sunday School world, representing every Christian nation and between twen ty-five and thirty millions of people who attend Sunday School. REPORT FOR 1909. Name of School * Name of Denomination Name of Superintendent Name of Secretary Primary Superintendent Home Dept. Superintendent Cradle Roll Superintendent Teacher of Young Ladies’ Class Teacher of Young Men’s Class . Name of Pastor nJames and Special;-The .Bethlehem Baptist church was burned Sunday at 12 o', clock, entailing a loss, of the mem- ship of this church, of about $2,000, No insurance was carried. AH the furniture was saved including the organ even the stove that caused the fire. This was one of the best church buildings in the county, having been erected about ten or twelve years ago of the l>est material obtainable. The fire caught from a defective flue while the Sunday school was in session, but was not discovered until the top was so far gone that nothing could l»e done to save the building. Rev. Geo. A. Martin, as pastor, is ^ in charge of this w-ork. Services will be held in the W. O. W. Hall until, a new church is built, which I will be done at once*. The Sunday ’ school will also continue without interruption at this hall. A. V. Rickenbaker is superintend ent of the Sunday school, and the Deacons are Messrs B. G. Hiott, P. S. Hill. J. B. Dodd, and William Garris. Jr. addresses teachers: OF OTHER above deserioed from the portioi exempted under the provisions of this section, etc.” It seems to be conceded in the ar gument that section 1509 must be declared uncon-titutional unlos the eoart should hold that the word “Section” occurring in subdivsion five (5) was intended to be u.-ed by the legislature in the sente ’of ’tub- division.” and that therefore the proviso of subdivision five (5) has no application to the other subdivis- the circuit judge in this matter, his “The fault in some of the acta of the legislature was that they re decision has no binding force what* qoired citizens of the exempt terri Number of officers and teachers on roll Number of Scholars on Roll Total Average attendance Slumber of members of Home Dept. Total membership*of School ncrease or decrease? I D 3o you have weekly Teachers’ Meet ing? At what hour does School open? ... How many members of the School united with the Church during the year? How much has your School given for Benevolence?..! .*? ever any o ie in Colleton county The matter is simply in abeyance till parsed upon by the higher tribunal, and until then Colleton will operate under the same laws she did before the suits were instituted. The status quo remains the same pending tie appeal, wi ich will be heard at the April term of the supreme court. “There seems to be some misap prehension as to what Judge Shipp ion of the section, but is applicable | really decided. The imprest-ion seeme ' alone to subdivision five (5). , to have gotten out that he has de- I have endeavored to bring myself i cided that the legislature has no to take tliis view ef the case, but I, poWer to exempt a certain territory am forced to follow the plain mean- from the operation of the general ing of the words of tbe statute. stock law, and to allow stock to roam The word “Section” has a plain at large. In other words, that the definite meaning throughout the privilege given a citizen by theYegia- . civjl code, and I am not at liberty to {lature to allow his cattle to roam at * suppose that .the legislature intended large over the lands of oth tory to build fences around the bord ers of the territory exempted with out paying the citizens for building the fences and without paying the land owner for the land occupied for the fences. The courts have decided that this is taking private property without paying for it and that there fore such acts are unconstitutional. “And this was the single point pawed upon by the circuit judge. Judge Shipp. By reference to Sec 1509 of the Code of Laws, 1902, it will be found that a fence is required to be built in St. Paul’s Parish by the citizens. By reference to Judge Shipp’s decision, wqich you say you are going to print id full, you will see that be construed See. 1509 to “1 have received s personal letter from Judge Shipp in which he says that the point was a close one, and in which he expressed a wish thatT How much for Literature? .! we take the ease to the supreme court. There will be s meeting of the snti-stock law people shortly to consider this matter. ” 1 mean that the citizens of the entire* "***?.• DELEGATES FRON COLLETON. The following delegates have sig nified their intention of attending the Convention.' They will leave on the morning train Monday reaching Rock Hill Monday night or Tuesday morning. . * L. A. Fraysee. Jr., Hendersonville. W. G: Hiers, Lodge. Miss Effie Jones, Lodge., Mias Nellie McTeer, Walterboro. Mrs. Willie D. Berry, Lodge. Mr. Jss. E. Peurifoy, Walterbor . Mr. Ira Maxey, Smoaks. Mr. W. W. Smoak, Jr., Walter- in this instance to give it any other meaning. Therefore, it seems to me, that the proviso applies to the peo ple living in the whole exempted ter ritory—in other words it applies to each of the sub-divisions of Section 1509, and the section is unconstitu- tkmal in that it takes private prop erty without the owner's consent for •a private purpose, and without com- psosation. It further does not appear that the fences provided for have ever \ It to me, therefore, that tfc* ef wall taken, and that the others is un constitutional. ’’Well, Judge Shipp decided noth ing of the bind, and he could not have so decided, for our supreme court has passed upon this point sev eral times and has declared upon every occasion that the legislature can exempt a county or a part of a county from the operation of the stock law, and that the citizens with in that territory can allow their stock to ran at large. And today, if our legislators at Columbia would have an act paired inwnpttng this mow territory in Colleton, and net igthah dMoa tatha territory exempted' in (CbHeton. whether living in Broxton, Bells. Verdier, Heyward, Collins or Adams Run, must build the fence in St. Paul’s Parish. His whole decision is baafid upon the technical construc tion of the one word ’Section’ as used in Sec/1509 of the Code which provides for the exemptions in Colle ton county. Our contention was that the word ’Section’ referred only to the territory exempted in St. PnnTs and it waa the duty of the people living la St. Paul’s, and not of the eouaty to build Of course, wa will only of this the Mias Janie Sanders, Stokes. Mias Rebecca Sauls, Smoaks. Mias Ida Fishburne, Walterboro. Miss Carrie May Morrall of Beau fort is in town visiting relatives and friends. * H. C. Ray son and C. M. Hiersv prominent business men of Allendale were in town yesterday on business. - Mrs. B. M. Williams of White HaU has been spending several days in town vkntmg her parent, Mr. and Mrs. H. W. DuBois. r The Haywood Riflemen will hold n drill Feb. 17, at 7:90 P. M. A full attendance is urged as the ami > being Mar. Slat wflTbe bald thie REDUCED RAILROAD RATES- \ special rate of one and one-tailf fares plus fifty cents has been graft ed by the Associated Railways, tick ets to be sold on the certificate plan, as heretofore, and the reduction to apply on the homeward trip. The reduction will be granted only to those who have agents certificates showing they paid full fare to the convantion. These certificates must be signed by J. M. Way, General Secretary, and vised by R. E. Brown, special agent at Rock Hill. Each delegate, who desires a tick et at reduced rates going home from the convention cannot get it unless he or she has a properly signed certificate from the railway agent where the GOING ticket was purchased. See to it yourself that the whole certificate is filled out, signed and stamped by the home agent. If this is not done there will be no use to try to get a refund of fare after the convention doses. CIVIC LEAGUE* Tl MEET. There will ben meeting of the Walterboro Civic League at the rea- idswee of Mrs. John H. Peurifoy next Friday afternoon, February 14, at 4 •'dock sharp. This mssting is held for the purpose of a fell WITH OUR LEGISLATORS. Several bills of interest to our peo ple have been introduced by our leg* islators during the past week, the titles of which are given below. Perhaps the mosi important is that of Mr. Smith "requiring the county supervisor to purchase road machin ery.” This bill follows in the main the bill proposed by this paper some weeks ago. It is a step in the direc tion of some permanent road work for Colleton. Another bill of interest is that of Mr. Robertson to abolish the con-, stabulary of Colleton county. These local matters if uncontested will possibly go through in the two weeks of the session remaining. Senator Griffin and Representa tives Smith and Way were at home from Saturday to Monday. Mr. Robertson: To amend “An Act proriding for ten years' convicts to serve sentence on public works of the county,” so as to require twenty years’ convicts to serve sentences on the public workf of the county. Mr. Robertson: To provide a pub lic cotton weigher at Lodge, Smoaks and Walterboro. Mr. Griffin: Relating to the trans fer of pupils. Mr. Smith: Requiring the county supervisor to purchase road machin ery. Mr. Robertson: To abolish the constabulary of Colleton county and make their duty devolve upon the sheriff, deputy sheriff, intend ante and marshals, magistrates and their constables. Mr. Griffin: Fixing the punish- ment of persons convicted of selling alcoholic liquors. The object of this bill is to make the punishment 18 months on the chain garig and no fine alternative. INFORMAL DANCE GIVEN. The informal dance which was given by the young men of the town . Thursday night at Hyrne’s Hall, proved to be a very enjoyable affair. Owing to the inclement weather only a small crowd was present. Music was furnished by the local band, and it was not until a rather late hour that the merry dancers departed for their homes. Those who were pres ent were: Misses Dollye Pries, Allis Buchanan. Clara Barr. Emmie Stroe- bd. Hyrne of Savannah, Ga.; Messrs Irving M. Fishburne, Ashley J. An derson. Marshal Gruber, Paul Bax*, ley, Henderson Fraser. Johnnie Grot- Djfs jotepn moorer. iMJCHHr A. S. Karesh, Mr. Ham of Ohio, and Mr. E.T.H. Shaffer. Miss Annie Belle Crosby played for the Sunday school at Ssody Dans Sunday.