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% wv w ^ r IB B v-Hi - ,.flHH| M m U ' VOL XXIX - Mil Ken ON THE CONSTRUCTION OF A J TIMBER DEED IS RENDERED ipSUPRFME COURT OF STATE i Holds in the Case of Minshew vs. j Atlantic Coast Lumber Corpora- j tion, That Under the Language < Contained in the Deed. Rights ' Were Forfeited. 4 Many thousand acres of land in Horry County and surrounding counties are covered at this time by timbep options or deeds, all executed about the year 1898 to one Charles Marthinson, Agent, others to Freeman Farr or R. L. Montague. The rights of Marthinson, Farr, Montague, who were all acting independent, sooner or later fell into the hands Joi various lumber companies who purchased from them. Marthinson had more options than anybody else, in fact, he was the originator of this scheme in this section of buying up large timber tracts with long number of years for removing, whereby he is said to havemade a large fortune from the profits >of his resales to other companies. Jliesides the ones above mentioned, there may have been others not now in mind who also got the idea from Marthinson and bought all they could. This option scheme, however, had been worked in other States before that, but it was only in comparitively recent years that these options were taken into Courts for the pur4 ,1 r\ c n A f lint.lnn 4-~ .? i. 1 ?? J ' vov. V/1 llClVIll^ CUIlSl/rUCUj ttll(l ^fie rights of the parties legally fixed. Many of these options were found '( to contain indefinite period clauses for removing the timber, that is , no ; I definite fixed time was provided; but a period of say ten years was mentioned witH the addition of a proviso ^^.hat if not removed within that time, j ^nhen a further period of so many years by paying interest year by year in advance, these have also been recently pased- upon; but there is another variety which state that the # tir.iber could be removed within ten < years, or some other period, after the cutting had commenced, thus 1 |^^making it uncertain as to when the j |HJ^^itting would be started. This j ^^^mtter kind has just ben pussed upon ; by flie Supreme Court of this State < in the Minshew ca3e, the decision of j # fhe Court <iing against the conten- < tion of the timber companies. . Vhe facts out o f which the Min- , shew case arises briefly stated, are j as follows: On December 24th, ] 1898, W .A. Wall, the owner of the ' Ymd at time sold and conveyed the < Timber in question to R. L. Montague. After that the Atlantic Coast Lumber Corporation bought out the timber from Montague. In December, 1911, O. G. Mm shew took from I W. A. Wall a deed for the land, mak- i Iing no exception as to timber or tim- ' bor rights, and on January 10th, ' 4^)12, brought suit against the lumeompary to set aside the timber i .*-ed that had been made as before stated by Wall to Montague, on the ground that the timber company had t not commenced the cutting of the j ti'iber within a reasonable time from |j the date of fhe timber deed. *a The language of the deed in the i Minshew case, which deed was dated ? ^3ecember 24th, 1898, in relation to (? ^he period of time allowed for cut I ting the timber are as follows: \ "It is agreed that the time limit S shall be five (5) years from the time i the second party begins cutting and \ removing ti,e said timber from the < lands above described, but the first j party agrees that the said time lim- i it may be extended from year to j Ayear thereafter upon the payment by j the said second party, his heirs, ex- \ ecutors, administrators, or assigns, j of interest on the original purchaser price at the rate of 6 per cent, per i annum." lj In December, 1911, the plaintiff in j ;his case took from Wall a convey- ;i ance in fee of the land upon which 'j the timber conveyed by Wall to Mon- , i > Jtague was located. This suit was ,; commenced January 10th, 1912, foi 1 the purpose of having the court ad- ] judge thac a reasonable time had < elapsed and expired under a proper j construction of the contract as to any "i rights Montague and his assigns, the 1 defendant had acquired and for a 1 decree to have the contract cancelled j > and ended because the defendant had : ^[failed to commence to cut, or cut, and < remove the timber conveyed by the ] contract within a reasonable time, 3 had thereby forfeited all rights ac- j I quired thereunder. The defendant : answered, after issue duly joined, the cause was heard by Judge DeVore, 1 I in oncn court in Anrnwl 1Q10 1 - x- -? ?AM|^Uf7V^ JL %J JL Ldf WIIV I on December 23rd, 1912, files his de crce in favor of the plaintiff. With- ! 441 due time the defendant appealed < B and asked reversal of the same by the supreme court. Judge DeVore rendered his decis- ; ion in which he said that twelve (12) years from the date of the deed B would have been a sufficient reason- | B able time for Montague, or those B Jfclaiming under or through him to . have commenced cutting and removB ing the Umber from the land. Just B here the supreme court in upholding I B the decision of Judge DeVore goes on in its opinion as folows: B "What is a reasonable time under B this contract or contracts similar to tt.it ? This is a question to be determB jned upon the facts of each particular H case. What may be a reasonable m CRIMINAL COURT Will Convene Here on Monday After Next, May 18th. The court of General Sessions will convene here on Monday, May 18th, with Judge S. W. G. Shipp, presiding. The usual number of small criminal cases have been sent in by the Magistrates from over the county, and these will no doubt be disposed of in short order as they generally are. There are no really important, or sensational cases that will come up for hearing at this term, unless of course they should develop between this time and the opening of court, ind that is not likely. On the dock- . cts of the court there appearfcvthe fol- I owinor Kt.Rt.pri msns wliioh wor*? ron- I tinued over from the last term In February: The State vs. J. W. Herring, obtained goods by false pretenses. The State vs. A. C. a. Gore, appeal. The State vs. Owen Ward, assault : md battery. The State vs. Phonie Dewett, vioation of the dispensary law. The State vs. Herbert Moore, vio- ' ?ttion of the dispensary law. The State vs. Robert Chestnut, vio- 1 ation of the dispensary law. The State vs. P. P. Tyler, disposng of crop under lien. Town of Loris vs. N. Moseley, ap- 1 )eal. ; The State vs. Olympus Lee, malicious mischief. The State vs. M. D. Soles, assault md battery with intent to kill. The jury commissioners met at the >flfice of the Clerk of Court last Frilay morning for the purpose of drawing the jury for the approaching term of the court. The petit jurors Irawn are as follows: A. B. Bell, B. F. Hucks, W. H. Johnson, R. W. McCracken, Sr., W. B. Shelley, C. B. Williamson, S. H. Harrelson, A. Alford, Henry D. Russ, J. F. Pridgen, S. L. Smart, B. G. Gilmore, Dillon Elliott, W. Gaston Page, J. F. Milligan, R. A. Dawsey, J. R. Thompson, Alvey Hughes, J. W. Clardy, Maicom C. Butler, Hezekiah Hinson, Allen Skipper, G. A. Rabon, iir mi ? w. inos. ttarciwicK, (J. JL. Williamson, B. H. Vaught, J. Mitchell Chestnut, M. Martin, W. T. Benson, W. L. Singleton, D. H. Hardee, C. P. Norris, C. C. Jernigan, W. Ed. Sessions, Reuben Thompson, Neal Fowler. T ' ! New Rural Free Delivery. Several days ago a new rural free delivery route started out from Conway to be known as R. F. D. No. 2. The temporary appointment it is stated went to W. D. Lawrimore and he is now carrying the mail on this route daily. It knocks out the postoffices of Willow, Haskell, Dongola, and some portions of Wolsie, Toddville and other places, reducing the amount of mail that will hereafter be delivered at these places. The first route established several years ago runs to the northward from Conway. This last one goes out about west, southwest from Conway. Conway Methodist Church. Services for Sunday, May 17th: Sunday school at 9:45 a. m. Preaching at 11 a. m. Epworth League at 1 p. m. Special Children's Service at 4:30 p. m. Preaching at 8 p. m. Prayer meeting on Wednesday night. A cordial welcome for all. j ;imc in one case under the particular 'acts and circumstances of that case | nay be unreasonable in another case ind inapplicable by reason of a different State, of facts, or a different situation and surrrounding circumstance. There is no question that if i party desires to exercise his right ;o extend an option which he has beyond the fixed time he has acquired aeforc his time expires if he desires to exercise his option he must tenier and pay the amount agreed upon n advance, and serve notice that he will exercise his ontion for the nerirwl igreed upon, and will each year in idvance pay the amount agreed upon. This payment must be unqualified and in strict compliance with the agreement of the parties. The payment must be unconditional and in advance. In this case there has been no tender, offer, or payment on the part of the defendant to pay the six per cent on $275, in order to extend the time limit year by year. Neither has the defendant indicated the number of additional years vhey would claim. If the defendant had commenced to cut and remove timber and needed additional time, it was reasonable and incumbent to tender in advance the six per cent on the purchase price agreed upon an.l given notice of the number of years required, and offer to pay in advance each year six per cent on purchase price in order that the extended time plight be fixed definitely and determined, and each party known what to rely on as to whether extension of time claimed in the absence of an agreement fixing the time could have been then determined. Under contracts of this character the purcl aser has only the right to have a reasonable time to get the fruits of his Curchase. He has no right to enjoy y indefinite extension what would practically amount to a perpetuity and dennvA fVio ?- ? ,?. _ v<?w vnuci vi ui6 enjoyment of his property. What is a "reasonable time depends upon the circumstances of each case, and is a question of fact, and no particular rule has yet been laid down to govern cases.'r It will appear from the above language quoted from the opinion in the case that the decision of the lower court was affirmed, and as the lumber company failed to begin the cutting witnin twelve years, they arc not now allowed to enter on the land. jjflt CONWAY, S.C., THURS i IK HE BY WORRYING YOUNG BOY ON HIS WAY FROM STORE LAST WEEK. NEGRO ARRESTED FINALLY But at the Preliminary Hearing He Is Turned Loose for Lack of Evidence and the Matter Ended?Several Out After Him When Report Reached Officers. One day last week a negro man annoyed a young boy, Cabot Parker, in such a way that some excitement was caused as the matter turned out. Cabot Parker attends the Burroughs Graded School, and is boarding with his sister, Mrs. Oscar Burroughs. Cabot went to a store on the hill late in the evening after some article he wished to purchase and was returning with it when he was accosted by a negro man, was acting strangely and talking a good deal. The boy said nothing to him but hastened his walk to get out of the way. The man asked him his name and when he refused to give it, the negro stated that if he had his gun he would make him tell his name. Then Cabot ran home as fast as he could go, and the negro followed along behind. Mr. Oscar Burroughs went to his home soon after and found the boy crying. In the mean time word reached the authorities down town hat Oscar Burroughs had been killed. Several men, including the policeman and Mayor H. P. Little, went to the place. The negro had not committed any crime, but as it turned out a little later, he was at that moment hiding behind a fence nearby. Most of the men who went returned but chief L. R. Ambrose decided to look for the man, and he was soon found in hiding as above stated. He was taken into custody and kept in jail for a day or two, but there was no proof against him of anything exept his rude talk to the boy and he was releaser!. T1 i<5 fihnvt iiirxiv/iftvi. I tion however, will be a warning to him as well as all others, perhaps he was under the influence of whiskey maybe cocaine. Such actions on the part of either white or colored are very annoying and it is likely to ead to further trouble, and should avoided. Merry Fishing Party. A merry party consisting of A. C. Murrell, L. H. Burroughs, Dr. J. A. Norton, W. E. McCovd, M. C. Anderson, V. D. Johnson, A. W. Barrett, E. J. Sherwood, M. W. Hall, Beaty Wall G. L. Marsh, Isaac Scherr, and W. L. Richardson, went down the river last Thursday evening on the gasoline j lighter of Mr. Murrell, to enjoy a fish supper on the banks of the beautiful Waccamaw. One hundred and twenty-five bream, large and fat as any ever caught from this river supplied the party with all they wanted to eat at one meal. Capt. Joe Lucas and Mr. Titsell of Georgetown, on their way here to make investigates concerning the work soon to be started on the river, were signed down hv I the party and remained to the sup! per. The party all returned that night. Quarantine Is Lifted. For several weeks prior to last Saturday, there were quarantine regulations at the Commercial Hotel, on account of a case of small pox contracted by J. B. Skipper. On last Saturday the quarantine was lifted, the patient having fully recovered, and the health authorities in charge pronouncing that there was no further danger. Mr. Skipper is the energetic and perscrving agent for the Free Sewing machine, which he claims to be the best on the market, and of which he has sold large numbers to the housewives all over Horry county. . ust where he caught the cr.se v f su a 11 pox that laid him up f i' scvcial weeks is more than can be said. He did not catch it in Conv/ay, and did not know he had it until his arrival at the hotel here upon his return from, one of his trips selling machines. FIRST NATIONAL BANK Moves Its Location,?No Longer in Hotel Building on the Corner. m - jl i t\ . - iu me ratrons of the First National Bank: Please note that this bank is not on the corner where it has been for years but is now in the Bank of Horry Building doing business as the Conway National Bank. Please use your same check books and deposit slips as the Conway National will honor your checks. I will supply you with new books in short time. I will be actively connected with the Conway National Bank and wish to invite you to continue your busi-1 ness with Us. Our new bank is i larger than all other banks in the county combined and we will be in better shape than ever to help you make your crops, improve your farm 5 and conduct your business. Yours truly, Kal. L. Buck, President, adv. First National Bank. TU DAY, MAY 14th 1914. THE PEOPLE'S NATIONAL BANK Opened For Business Last Saturday at the Old Bank of Conway Building. ^ The People's National Bank, a new institution just chartered under the Federal laws, opened its doors for business last Saturday morning in the Bank of Conway building, the I First National and Conway Savings ' formerly occupying it having been r moved out. The officers of the Peoples National Bank are as follow*: J. A. McDermott, President, (?. B. Jenkins, vice-president; D. A. Spivey, cashier; W. 15. King, assistant cashier, and the directors are J. C. Spivcy S. 1). Bryant, of Green Sea, A. T. Collins, B. G. Collins, Thomas rj E. Cooper, of Wilmington, N. C., and J. W. Norwood, who is president of a leading bank in Columbia. All of the ^ capital 3tock authorized by the charter was taken up and there were applications for stock over that could fl not be filled. On the corner and in the same building where this new institution ^ begins its career, there has been a banking business conducted ever since the building was erected, at a j< time when brick buildings were scarce in Conway. C WANTED ON TWO CHARGES C W. K. Brown, Formerly of Green Sea Township Arrested in Georgia. C Last week W. K. Brown was arrest ^ cd at Glenwood, Ga., on a warrant sworn out by D. M. Causey before Magistrate W. H. Chestnut, charg- { ing him with dissertion and non-sup- v port of his wife still in this State. He is wanted also on another charge it seems, that of passing a worthless ^ check to the amount of about $70.00 on Mr. Causey. Sheriff J. A. Lewis received a telegram last Sunday j, morning stating that Brown had been arrested at Glenwood, Ga. , and was injail awaiting the authorities here. On the matter of coming c without a requisition, it was later stated that he had agreed to come without a requisition. The sheriff t sent after the defendant thp first this week. CONWAY HAS ADVANTAGES \ Or So Claims Enquirer in George- , town Times in an Article. N A writer in our live and flourish- * ing contemporary, the Georgetown Times, is evidently worried over the j fact that Conway has better facilities for shipping truck than his own city has, as will appear by reason of the following article clipped from the issue of the Times of May 9th: ^ Twenty-five baskets of very fine ^ peas were forwarded from the Wav- j, erly section May 2. This was the first shipment of the season and the consignors were L. C. Lachicotte, Jr., j and Oakshore Poultry Farm. The ( peas were delivered to the Steamer Burroughs, carried to Conway and there placed in a refrigerator car for j New York. Y Why should Waverly shippers be f compelled to send their truck forty miles up river to a rail point, with Georgetown only a third of the dis- ^ tance away ? It would appear that j Georgetown cannot, or will not, give the same accommodations for perishable vegetables that are obtaina- ] ble in Conway. This a matter that | the Chamber of Commerce should go j after vigorously. There is no reason why Georgetown county raised truck should not go through Georgotown. , < Keep Bowel Movement Regular. Dr. King's New Life Pills keep stomach, liver and kidneys in healthv < condition. Rid the body of poisons I and watse. Improve your complexion by flushing the liver and kidneys. "I got more relief from one i u? -jy T"v_. " . - - uu\ ui xjt. ivings incw L.ife Fills < than any medicine I ever tried," says 1 C. E. Hatfield, of Chicago, 111. 25c., at your Druggist.?Adv. 1 ' < Savannah Bluff Items. 1 The health of this community is very good at present and we hope , it will remain on so. j The crops are looking fine considering this dry weather. Mrs. C. O. Causey and youngest daughter are visiting friends at Socaste. Messrs. Mike Clardy, Eddie Cooper and Arthur Causey called at Mr. . C. N. Causey's Sunday. Misses Mary and Agnes Hucks entertained a good many of their ( friends Sunday. Mr. Bennie Clardy called on Miss ( Deli Causey Sunday p. m. I Mrs. D. B. Causey and children spent Saturday night at the former's father-in-laws. { Messrs. W. F., and D. B. Causey , and Mr. W. M. Causey and wife returned from Socastce Sunday p. m. Miss Mattie Clardy called on Miss Mary Hucks Saturday p. m. No weddings to report. CUTIE. ] Enlistment For Volunteer Service. All able-bodied male citizens between the ages of eighteen and forty-ftve \ r ah ' * 1 ' ;i nio who uesire zo enust in the vol-I unteer service as a member of Com-!1 pany "H" 3rd Infantry, preparatory 1 to an expected call to service in Mexico, will please call at my office and submit application in person. ENOCH S. C. BAKER, Co. "H" 3rd Infantry N. G. S. C. Conway, S. C., May 12, 1914. jfm ffWTi FATHERED BY THE HERALD MAN IN A WEEK. JAUGHT IN THE PASSING Jtray Bits of Local and Personal \pwc Snmo n f TI?noA 1 uwi?v "i * nunc lUt'llllUlll'U You Know?Others You May Not Know ? Happenings Around the Town. Prices arc ALWAYS RIGHT at 'HE CASH STORE. Sheriff J. A. Lewis recently visited is son at Mullins. W. A. Prince of Loris was among hose in Conway recently on business All 25c dress goods going at 8 3-4c per yard at C. H. Martin's. N. J. Hardee was in Conway the rst of this week. The Rev. S. T. Creech of Loris, S. was here on business last Monday For lowest prices on feed, see THE JASH STORE. Robbie Stalvey of Socastee was in Jonway several days last week on usiness. P. M. D. McCormick of Myrtle leach was in Conway one day last yeek on business. Ask our customers how we treat hem. THE CASH STORE. Miss Catherine Doak of Tennessee s expected here this week to visit >lrs. J. S. Battle. We still pay the highest price for ggs. W. B. Chestnut & Co. S. W. Martin and W. C. Martin, of he Pee Dee section, spent last Satirday in Conway on business. The farmers now realize that THE }ASH STORE is their friend and lelper. Let us have that order for strawt'l'V nVinpL-O Til n>r nw/v " - ^ v<.vvi>oi i liC^r aic tl l UliVClllt'llCC <ou cannot afford to do without in fathering* your crop. Call at the new fountain of H. W. liewis. Best fountain coca-cola and >ther soft drinks are brewed there to jerfection. F. A. Burroughs, of the Burroughs fe Collins Company, was away from ;he town several days last week on )usiness. Nothing pleases us more than to enow that we have pleased you. the :ash store. Hogs fattened on peanuts and finshed off on corn make hams that -ank in quality and flavor with the inest meat that can be obtained. THE CASH STORE now prides ihemselvcs in offering the best flour n town. Baking samples FREE. Large quanties of tobacco flues have been finished up and stored at ,he Conway Iron Works in readiness for the coming tobacco curing season. The light showers of rains last week only laid the dust for a few lays, and it was as bad as ever by the latter part of the week. For "lowest prices, best values and courteous treatment, THE CASH STORE, always. Bring the job printing to the Herild oflice. We will try to give you luick service, good material and workmanship. Weigh and measure after us, try us, and satisfy yourselves as to oar straightforward methods of doing business. THE CASH STORE. J. T. Mills, one of the leading citizens of the Green Sea section of this county, visited Conway on business the latter part of last week. The many friends of Mrs. J. W. Sparks will be sorry to learn that she was ill several days last week with chills and fever, but she was improving at last .accounts. Mrs. C. E. Haselden and little daughter, Sarah, of near Latta, S. C., passed through Conway last Friday on their way to visit relatives at Toddville, S. C. Our pleased and satisfied custom-1 erS nOW i.v uui uuvcriiBing. iUti CASH STORE. Solon R. Lewis, a former Mullins boy, is a cadet on hoard one of the j war ships of uncle Sam, recently ordered post haste to Mexican waters. ' It's no longer a question, but an ' acknowledged fact that THE CASH , STORE is getting the business. Mr. J. Mc. Martin has accepted a position in the new institution Corned by the consolidation of the Bank of Horry with the First National Bank. If you haven't implicit confidence in THE CASH STORE and her crew of workers, it's because you have had no dealings with them. Id. ^ i ????? No. BANKS MOVED. The First National Bank of Conway and Conway Savings. The First National Bank of Conway and the Conway Savings Bank moved down to the Bank of Horry building the latter part of last week. Recently the First National Bank and the Bank of Horry merged their capital stock and business into one corporation, and a new charter was obtained from the Federal Government for the new institution under the name of t'onwuy National Bank, and under this new name the business of both old banks will be conducted hereafter. Robert B. Scarborough is the president of Conway National Bank, Hal L. Buck, vice president, and Will A. Freeman, cashier. The quarters of the former Bank of Horry, which is now occupied by the combined business, arc amply large and well equipped, and it is centrally located in the business portion of the town. The Conway Savings Bank is still doing business as before, only its officers are in the same quarters with Conway National, in connection with which it will do business. PERSONAL AN1) LOCALS. It is never too late to use the split log drag. This is one of the best implements ever invented for improv ing roads and, accordingly, making life on the farm pleasanter. Various automobile parties passed through Conway recently, most of them returning to points in North Carolina. Several cars passed through here last Sunday. Colgates Talcum Powder at the price now fixed by Colgate & Co. 15c a can; Sent by parcels post upon receipt of 20c in stamps. Conway Drug Co. adv. 2ti. W. B. King has accepted the position of assistant cashier with the People's National Hank which opened for business in the old Bank of Conway Building last Saturday. J. N. Martin Dr. Frank Martin, Lcroy Martin, Jack and Will Martin, all came over to Conway last Sunday from Marion by automobile and spent the day here with relatives and friends. Mr and Mrs. J. M. McKeithan went to Southport last Sunday in the Roo, having been called there by the illness of Mrs. Theodore McKeithan, the mother of Mr. J. M. McKeithan. They returned the first of the week. Congressman Ragsdale secured an order establishing'a now rural route from San ford, to be known as Route No. 4, effective June 1st. This is the fourth rural route Mr. Ragsdale has secured for Sanford within a year. Fulton Johnson of Florence came over from that city last Sunday with a party of friends in his car, returning home in the late afternoon. He is now engaged in the business of a contractor in this thriving little city. The subject of paving the business portions of Main Street and 3rd Avenue we trust has not been dropped. The talk of it was strong a few weeks ago. It has been found necessary first to lay the water pipes for the general sower system before this paving is put in. But by all means keep the subject hot until something has been done. W. 11. Cooper and Mrs. Cooper, of urn-. wnmington, passed through here Sunday night enroute to Oklahoma City, Okla., where they will attend the quadrennial session of the General Conference of the Methodist church. Mr. Cooper going as one of the delegates from the general conference.?Mull ins Enterprise. Automobile parties pass frequently through Conway coming from Marion, Mul I ins, and other places west of this place, all on their way to visit places on the sea coast of Horry county. By next December the promise is made, there will b~ a high road open all of the way from this point to Myrtle Beach by way of the new steel bridge across the Waccamaw. Already much of the hardest work has been accomplished, but there remains a great deal to be done yet in order to make a good road through the swamps immediately across the river to the foot of the red hill. From the red hill an automobile or buggy could find its way easily along country roads as good as the average to Myrtle Beach, or Murrell's Inlet for that matter. t For Congress T hereby announce myself a candidate to represent the sixth Congressional District in the next Congress,subject to the action of the Democratic primary. A. L. Hamer. A Royal Baking Powder Hot Biscuit is the luxury of eating ? MADE AT HOME? I ' - <