The Horry herald. (Conway, S.C.) 1886-1923, November 23, 1905, Image 7

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PRICES ] WE SELL THE E what we sav, We intend to sell us el market prices, then come on and we Up-to=Date line c R. I L MUST GET BUSY. I Supreme Court Decides Important ! Case and Railroads Must Pay. Columbia, Nov 14 The supreme court today * rendered a most interesting decision. It is fur reaching in its effects and settles a question so far as the State courts are con-1 serned. The general assembly some time ago passed a statute by which a railroad corporation is penalized $">0 if it d es not sett e a claim within days. This penalty does not apnlv In t In* nmnnnt nf t.!n? i'1'iim in. . volved but the intention of the i General Assembly was to mike the ; railroad get busy, and if a settlement is not a fleeted to refuse to pay | the claim iu that time and let the' other fellow litigate and bring the J issue to a focus. This action was eomnwiieed in aj Magistrates court for tile county oi l Chesterfield to recover 75 for los^ j or damages to freight a bench of I b manas, shipped August .'list 1 UUI-l, j to pluintifts at Me'lee, S. C , from ; Columbia, over defan lant to adjust ; and pay the loss f??r failure within ; 40 days as required t>v the statute. The Magistrate rendered judgement for the whole amount claimed including the penalty. On appeal to the circuit court Judge Watts modified theamount of t he judgment bv reducing the amount to $1 75 and cost holding that, the i statute imposing the penalty is un-l constitutional under the rule stated in Gulf Colorado, and Sant Fe Itiilroad vs Ellis, 105 IJ. S. 150. From this judgment plaintitTs appeal and the main question presented is the constitutionality of the, statute. The meaning of the reasons of the court are given in the following excerpted paragraph: Tim ni-flu.'.nt ' (int rniweu i-nn 111 i*n Aiiv, .. ^ 'n""1I the court to go more fully into the consideration as the state as much. 1 They are by tlie state endowed , with special privileges and powers , I which call for special duties and obligations to the public. It is a duty which a common carrier owes not only under his contract but under general law to promptly and safely deliver goods consigned to him for transportation and are re- j I liable for all loss or damages to such I I goods while in his possession not, I occasioned by the act of God or the j ^public enemy. The duty to make a prompt settment for loss or damages to goods i ut .in incident of the duty to < w'//sport and deliver safely and with < ^Kmable delligence The statute in Kjfyastions was designed to etTectuate 1 Fah important public purpose, viz: ' to compel the common carrier to 1 perform with reasonable diligence. I the duty which peculiarly apper- ' tains to the business as a carrier of j < freight. The penalty is but a means to that end. Whether the adoption of such 1 means is wise politic or adequate is exclusively a legislative question for the courts have nothing to do with the policy, wisdom or expediency of legislation. A statute cannot be declared void ' unless it violated some constitutional 1 principle. The court ttna'ly reaches this conclusion. 4 i i rP U/\ in/1/# in ah 1 /\i' . t La /"?/ v i i l * 1 il< JL III" JUU^IIll III Wl ^ lllly VWUI V 10 reversed and the judgment of the magistrate court is affirmed. ( Donjrola. j Messrs W. D. Lawrimore and 1). i F. Hux returned home from Collins- i creek last Sunday. Kev. R. O Hendricks has been " r running a series of meeting at Paw- \ |ey Swamp for the past week. Mi* l\ J. Revelry's horse ran |, away from him last Friday swam ' j tiTb river at Peachtree Ferry and;i visited her old home in Soccustee . liessie returned home Sunday ac-1 oomsanied by her owner. Contractor J. A- Tindall will soon j liave the new store of T H. Smart i*rj(l Co complote tho serenity school j, ripened last Monday under the skill-1 ful management of VV. D I^owrimore , Mr Dowrimore has taught our school two (crips and if he will render us us food service in tho future as he : has in the past we will be highly i, pleased. Arthur B. 1 ! " <"! 'J rmwr?r?m v. V?1 * CAUL. AND SEP OI'H |> IBEAUTIFUL MILLINERY^ i Children and Infants Caps L Knit Hoods, Fascinators and C Shawls. A nice line of Dress * Trimmings, Collars, Stocks, c Belts, Gloves, purses and Ppry, |p fapt fttynll line of ^ * MIUMNURV AND NOTIONS. ^ M Mrs. J. 8. Causoy. | 'V^ "\f ? ~Xf* r-?^ HEWN D< > P O'T* No paper Shoes iti stock J lZi 1 one, unci we guarantee tl leap as anyone, if they sell at half pr are ready to serve you as cheap as i >f Dress Goods, S .EE At Foreclosure Under and by virtue of a Judgment for foreclosure and sale made by his Ifonor Ernest Gary at the fall term of the court of Common Ulcus,in and for //orry conn ty in the ease of Jay 10. .Nicholas, Plain- < tifT vs. James //eininln*wuy and M. 10. < Johusoiij otherwise c .lied Emory John- ] son Defendants, and dated October V7th. 1 1935 I W. L. lit "shoe. Clerk of the Court i of Common Pleas, will sell at public auction bcfure tli 'ourt //ousefloor at Con i way, v. C.j i t) i i 11 legal bonis of sale on i Sulesday in December next, it being the i 4th day ol said month, all and singular l tlit* follow ing described real estate to wit: i A II . ...I I. - i * Mil rim lll.ll ( cruilli IOI <U' I pni'i'i'l of 1 iiix 1 containing one half ('.>) acre, situate it tie* I ?wn of Conway, and t bounded n ?rtJi by street leading westward v by .tin* color. ?l M. K ( Itureli arid on other ( sides r.y lan<is (now or formerly) ot 1). A. j Spivev and L'tl MiUfjs., the same heinii i the jot w !i< i on I antes //eniniiuu way now . or lately resided. i Terms of aCash, pure.lt ser t? pay i lot" pipers. NV. [j. Misltoo, it 111 Ii 0 t. C C C V .111 II., , Notice. I'n h-r mi by vl tueof t eointnission is mod to thent by //on, ,J. T. Oautt, Sccre- J tary "I .s'lii'* , dated .November 4th H)0f>, ereut'ny tie*in a Hoard of ('orpor.itors, the j under iim d e-ive notice that thirty d ys ( alter date they will open at ollit o ot K<! j ' dy I.ake ('.s press Coinp.m\ at KUdy Lake,:, S (!., b ?oks of sub-i ription to the cap! I tal stack of Kddy Lake md Northern Kail , road Company. Wm M Ilur^an, ' N oinun ./ones., Geo () lirer J W Lit tip, . llobt 15 Scarborough, I5o.ii (I of Coi por.?tors J 11-10-5?It c A Disastrous Calamity. ? It is a disastrous calamity, when you lose your health, because indi- ( yestion and constipation have sapped it away. Prompt relief can be had in Dr. Kind's New Life Pills. They build up your digestive organs and cure headache, dizziness, colic, constipation etc. Guaranteed at Nrn'ton Drug Co. Price 25c. Summons for Relief. STATE OP SOUTH CAROLINA, County of 1 lorry. (Court of Common l iens.) Willliun .J. Hardee, Alary A. Prince, Martha L. Futrlll, George W.Hardee Sr. uid Charlotte E. Guuse, Plaintiff's against a Celin .1. Brunson, Uobt. M. Hardee,Fran- tl ses H.Todd, DeliaK.Gerrald, LewisHnr- 11 lee, Sallie Hardee, Mary Jane Hardee, M. 1 F. Johnson, Laura J. Simmons, John War- c ren Hardee, Ida E. Hardee, Ellen L. liar- o lee, Ernest McL. Hardee, William II, S Hardee, George Luther Hardee, Viola M. v Hardee, William C. Hardee, James L s Hardee, Thomas O. Hardee* Daniel 11. c Hardee, Frances E. Harden John T. liar |i dee, George W Hardee .Jr. .Minnie A. C Hardee. Flora L. Hardee, I.udie H.Hardee p Hessle M, Hardee Defendants Copy Summons for Relief. (Complaint not Served.) ro THE DEFENDANTS, Celia J. Hrunson, liobt. M. Hardee, Frances II. Fodd, Delia E. Gerrald, Lewis Ilardoe, Sal lie Hardee, Mary Jane Hardee, M. F. % Johnson, Laura J. Simmons* ?/ohn War- (* ren Hardee, Ida E. Hardee, Ellen L. 11 Hardee, Ernest MiL. Hardee, William (1 H H-irdee, George Luther Hardee, "Viola * M. Hardee, William C. Hardee, ./antes L. Hardee, ritomas (>. Hardee, Frances E. Hardee, Joint T Hardee, George W, Hardee Jr.,Minnie A. //ardee, Flora L. //ardee, Ludie H. //ardee, Hessie M. //ardee: YOU ARE //EREB Y SUMMONED * tttd required to answer the complaint in thisaction which has been Hied in the ot lice of theCle.U of tin* Court of Common Pleas, for the said county, at.d to serve a 30pv of your answer to the said complaint >11 the subscriber at his ofllce at Conway, * S. C. within twenty days after the ser- ^ vice hereof-, exclusive of the day of such \ service; and ityoufaiito answer the com- | plaint within the time aforesaid, the Plaintiffs in this action will apply to the court j. for the relief demanded in the complaint. September Jluth li)0.*>, If. II. Woodward, W. Lt Mishoe, Plaintiff's Atty. C. C C P To Viola M. 7/ardee, William P. //ardee, James L, //.?idee, Thomas () //ardee Daniel //. //ardee, i'Tanceu K //ardee, * John I'. //arede. Oeorge \V. //ardee .Jr. n Minnie A, 7/ardee, Flora L. //ardee, Lu- v die B. 7/ardee and Bessie M. 7/ardee, ?b- 1: 8ent Defendants: v Take notice that tlie summons of wl?i"h [ Ihe foregoing is a copy, and the complaint in the above stated action, wero liled in the office of Clerk of tt\e Court of Common ideas for 7/orry county at Conway in county jind State aforesaid on the 80th day of September, A l>. 11105. . W. 11 Mlshoe 7/ 7/. Woodward, ,, 0. C. (!. P. IMaintiff's Atty, 11-4-5?0', cf: - - v. r 1 vjl .. . i; We Are In The [ MARKET FOB BEEF PORK AND FJSII AND WI|4j PAY HIGHEST PRICES FOR SAME. ALL HAVING SUCH TO SELL WILL CALL AND SEE US BEFORE SELLING. ORDERS TAKEN AND PROM PTL DE ? LlVEREI). I Oliver 6c Elliott. j fVWM-NO c , all Solid Leather at price* that can uit our goods last, longer than the av ice, and we guarantee to give yot anyone. hoes. Millinery, e SD cc TAX [NOTICE. I'lic County Treasurer is Kcady to Collect ttic Paxes for Present fiscal Year. TIk County Treasurer's Hock* will In* >pen for collection of State County and Jominutation Hoad Taxes for fiscal year 1005 at tl\e Treasurer's Oiliee from October 15th to December 81st 1005. Those ?vh?> prefer to do so can pay in January, 190(1 with otic per cent additional; those >v!io prefer paying in February 1900 can lo so with 2 per cent additional and tliosi .vho prefer to pay in Match 1 90 5 to ti:< 15th of said tuon ii can do so by paying an idditional 7 percent. Alter said date the looks will close. All persons owning property (,r pacing .ix s for others in more tiian one I'owndiip are requested to call for receipts in ach township in which tliey live. This s important as additional cos and penalty nay not bo attach.nl. Prompt att< ntl<m iiven those who wish to pay their taxes hrougli tlie mail by Money otders etc. percons sending in lists of names to he aketi piT are urged to send in early as the rrcasurer is very busy during the month >1 1 Jecember. The t;?x levy is as follows; State ' a\ T)1 j mills Jotistitutlomil School Tax 15 mills Connty|Tax ?5 mills Special Railroad in Conwnj llayboro (Jreen S?*a ami Simpson Creek town ! -hips 4 mills Special levy in Conway School Dirtrict Mo. 10. 3 mills Special School Ruilding Conway No. 10 V mills Special levy in Socastee School District So. 11 4 mills Commutation road tax for /005 $3.C.O re eivable ut the same time as other taxes, 1'he time for the payment of the oinmuation road tax does not expire until March fst /uoo. All able bodied male citizens between he ages of twenty-one and sixty years are iable to pay a poll tax of one dollar exsept old soldiers who are exempt at the ige of fifty years. All out of town checks subject to a dis sount of one fourth of one per cent ex hange as it costs this to collect, J. A. McDermott I I / ' * nii.Tiiivi iioiry > iiuiiiy. ? Summons for Relief. STATE OF SOUTH CAROLINA, County of Horry, Court of Common Pleas. M. H, Thompson, PiuintlfT, vs. Gary A. Manning, Defendant. To The Defendant, Gary A. Manning Copy Summons for Relief, (Complaint not Served.) YOU ARK 11EKE BY SUMMONED nd required to answer the complaint in Ids action which has been filed in the ofIco of the Clerk of the Court of Common Mens for the said County, and to serve a opy of your answer to the said complaint n the subscriber at his office at Conway, i. C., within twenty days after the serice hereof, exclusive of the day of such ervice, and if you fail to answer the omplaint within the time aforesaid, the ilaintitf in this action will apply to the )ourt for the relief demanded in the complaint. II. II. Woodward, Plaintiff's A" /. W. I.. Mishoe, C. C. C. P. Conway, S. Oct. Oth. 1900 TO Gary A. Manning, absent deft ndant: Take notice that the summons of vldch the foregoing is a copy, and the omplaint in the above stated action, were iled in the office of the ('lei k of the Court f Common Pleas for Horry County, in ,'ounty and State aforesaid on the lltli lay of October A. D. I9b5. II II w 1 1 it. 11 i ? iidu wuru | iMuintiiT's Atty. W. L. Mi shoe (J. C. C. P. Oct. Vhth '05? (it. Trespass Notice. All persons are hereby forbidden o enter, hunt, or in any manner ' respass upon my land in Dogwood ( seek township, bounded by B. B. < Moreen on the east and by M. A. {ovals and the west and north, , iver on the south, under penalty of ( aw. B. J. Vereen. 11 -2-5?41 1 < NOTItTi All persons are hereby forbidden 0 hunt or trespass in any waynpon 1 rtv land in Dogwood Neek and Contray townships, inner penalty of 1 aw. All who violate this notice 1 rill be prosecuted. M . A. lioyals. , 1 ltt a it. , NO TICK OF SALF. . On Friday December 1st, 1005, at ' ny residence near Dulah, S. C., I rill sell to the highest bidders for ash, all my household and kitchen urniture, ten head of hogs, 2 good nilch cows, X yearlings all my black mith tools, farm wagon, all my arm tools, one farm cart, also one j ot of fodder and corn and other arti- , les too numerous to mention, ? t. $ol&hian Jollie, f 11 j1" .j JH. , '.J.L J HOLLISTCR'S Rocky Mountain Tea Nuggets < A Buoy Modioino for Busy Peoplo. Briags Golden Health and Renewed Vigor. A specific for Constipation, Indigestion, Live md Kidney Troubles. Pimples, Eczema, Impure \ Hood, Baa Breath, Sluggish Bowels, Headache aid Backache. It's Rooky Mountain Tea In tab- I et form, 85 cer.te a bo*. Genuine made by | iou.tsTKft Dura Company, Madison, Wis. I0LDEN NUGGET* fOR SALLOW PEOPLE 0 iOODS TO Ol t be touched Our goods speak for erage go ?ds, because our goods are i msv good$ which ought to be wo md Gent's Furni >MPAh THE LI DCAlGNlO. ScKbosRiws^^p nr J&SK&iasr [u all fu / Scl> (let the me* Ti am IVC( pre We handle th nnnA 1-^+4 r J \ A X/ U A A V 7 1 JL V M t We have all n in the most desi HAL I SUMMONS FOR ItMLIKF TIIK STATK OF SOUTH CAROLINA. County of Horry. Court of Common Pleas. The Hank of Conway, Plaintiff, against Kmeliue L. Thompson, M. J. Thompson, Li/, /.ie Thompson, F. A. Thompson, M. A, Carson Susan J . Thompson ami Man Kli/.aboth Thoinp. son, Defendants. COPY SUM MONS FOR KKI.I liF. Complaint not Served. TO TIIK l>K FK N DA NTS above named. YOU ARK IIKRKIIY SI MMONKH anil xoipiired to answer tho oompTulnt In this actum which is this day lllud in tlm otllco of tho ( lerk of tho Court of Common I'loas for llm s.ii I County, mid to serve a copy ot your answer to tho said Complaint on the subscribers at their oftifb at Conway, S. C., within twenty days after the ser rlcohereof; exclusive of the day of such service; ?nd if you fail to answer the complaint u ith In the time aforesaid, the plaintiff in this action will ipply to tho Court lor the relief demanded in the :ompiaini. uonnson *v ?/iiattl?*i>tiutii, l'laintili's Attnrncya. Conway, s (\,Oct. 10, 1005, Take Notice, Hint ifyOu neirlect to apply for (lie , ippointiiD'iit of a guardian ad litem, In the above) hated action, yon being an infant defendant '.heroin above the age of fourteen y -ms. at the e.\ i yintlon of twenty day* from the ervioe of the tnminona herein and this notice on yon, the plain ilT wiil apply to the clerk of the Court of Common pleao for Horn < '< unity, at liis ollico at Con i\ay, South Carolina, tor the appointment of mine suitable person, i- gipp-dtnii ad litem, to ippear and anawer for em, and to protect your nterwsfs in the ahow* stated action. Johnson A Qnat'lehniim, Plaintiff's Attorneys. To Mary Kli/abeth Thompson, Infant Defendant. I'oMary Klizaheth Thompson, absent Defendant; You will please take noiice, that the Summon* md tin-Notice, of which the foregoing are cop P9, and the complaint |n the above "dated action, verc |||u(l in U\0 ??f the < lerk of the Court of ,'ominon I'h'ftH for Horry County, at Conway, In 'aid County, and ate of South Carolina, on thla cntli day off October tflOo. Johnson <!t Qnattlehanm, I'lainlifTs Attorney*. Chain tianK INotlcut Magistrates will take notice that they may commit prisoners to chain jantf direct which is now stationed near W. J. Sessions ' W. K. Holt, Sup. FTER AT HALF PRICE. theiuselve* tin*y stan I the test. We guarantee to compote with any new. We don't otter new goods ni slaughtered prices, hut we standby rth - *? p??r cent more to you and the real value would bo more, Get the shing Goods. COME AT ONCE. J W Next to the if, Horry Hardware Co. ITTLE DETAILS. "^EN yards of cloth and a mile of thread isn't the whole story of a ?od suit?not bv several thnncaoH . ? ? - ~ - - r ? ? M U V* A A Vt itches. It takes tailoring brains in plenty id mighty clever craftsmanship to ake clothes in the right way--=the :HLOSS way. Further tha nth is, the looks and 5 of the suit depend more on the TTLE details than you could tagine. For instance, simply the acing of the buttons and thf* tape of the lapel have everything do with the final appearence of a at, while such a trifle as the oper moulding of a curve makes [ the difference between a beauti1 garment and a mealsack. 'f yon could take an X?Raj/glance at the interior of a doss coat you'd find the same careful attention to ails yoil see outside. Linings, stays and paddings framework of the structure are made to wear, not fely to self tie result of all this care is a finish garment that looks I IS extraordinarily good' It Jits that way too, and irs that way as a inatter of coarse An occasional ssing makes it keep that "new looks" indefinitely e Schloss line because we know er and never found any as good. iew styles and shapes, of course, rable colors and patterns. - BUCK CO. f^PURE^XNlTFRES^ < Drugs and Medidines > ^ You need at all times. Exactly what your physician prescribes and not that "which is just as good" is ^ what you should have and your family's life may depend on your getting just what he orders. We sell you only Pure and Fresh Drugs and Medicines and we ? Fnt In your Frencrlptlon Jiint what your Doctor Order* % ^ If we havn't got it, we tell you so frankly-and will try to get it for you at the earliest possible moment. > Fair and Square^M?^ ^ of doing business. Give us a trial. < CONWAY DRUG COMPANY. > S Kstabliahcd 1880 J. L. MpKlwec, Prop ^ Kenncttsville Marblo Wks, P'-42$L ^ ItKN > i: I TS V I LLB, S. A v; j |MV? Prices !111< 1 Designs Furnished of Uah-si trf" -1- '0 1 - AI < > 1111 in ? ?>' ? ' I''?11111 ' '?i * ^ - . . ...mvhivmi i-F Iiaaii \/liruill^ ^ ^ l:irsl Cl??s Work. Kcusoiiahlc Prlc It. K. Casque, Conway, S. C. K*iv. C. L. Ilu^glns, Oalivunts Ferry, S. C Isolid car load OF HORSES AND MULES * JUST ARRIVED. Also a nice selection of Buggies, Wagons and Harness. Be sure and see them before buying. A. W. Jenkms (3. Son.