Historical Newspapers of South Carolina

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! M_/ SuSlegauty / Of LATEST CODE / Attpmey General Discovers iNumber of Defects and i \ States Them K \ SOME1* ACTS OMITTED Procedure is Said to Have Bccu Irregular at The Least. * Doubts .Legality of Latest code ^ The legalityVpf the code of 1912 is ^Questioned by/Thomas H. Peeples, at^ terney . ' -neml, in an opinion filed with (?uv. Afanning. The code was printed by the Michie company, law ? publishers of Charlottesville, Va. The attorney general states that several errors have been found in the code as compared with the reports by the code commissioner. * "The said errors,"/ says teh attorney general, "consist in some instances in the omission of certain statutes and acts which were, included in the re ^ ports o fthe code commissioners, oth> .or instances bring a change in some k *of the statutes as reported by the h i .t./i >> *TV CUUC coin llllSmumMS. yJKm Irregular Procedure. ipF' , Continuing, the opinion says: "Wo express no opinion as to lite legality of the code generally, on account of t^his failure to have the code attached to the act and filed i nthe office of the secretary of state; but even if such procedure does not affect the legality of the code, it seems to us that such procedure is irregular, to say the ? the least. The code, undpr the consli* tution and laws of this State, is the only general statutory law of the State at the time of its adoption and surely a record of this importance, in its entirety, should be among the records in the pose6sion of the proper State custodian. In the absence of the code referred to in the act of I IP 12, we are forced to the necessity of x r- erring to the reports and resolu tirmfi of South Carolina for the years of 1911 and 1912, hereinabove refer \ rod to." Attorney general Peoples in his opinion gives a history of the code. The duties of the code commissioner are set forth in the paper. The opinion on the code resulted i from the receipt of a letter from ' "Charleston questioning' the correctness of the law relating to the rights of national banks acting as trustees. The attorney general found that the act had been incorrectly printed in the code. The term of the code commissioner expired in 1911 and an election was held at the 1911 session for a com^ mission. The commission made his report to the general assembly in 1912. The report was accepted by a legislative committee and was orderJ ed by both houses to be printed in the journa1 as information. In 1912 the general assembly passed an act to declare the code ? ^bipitted by the code commissioner to be the only r A general statutory law of the State J. and to provide for the publication of the same. | Commissioner's Note. The code commissioner appended i'u~ : ?A-*- * '? "? - - .ni<j xuiiuwjtiijj novice 10 tne act: " I his \ was presented to the governor on [ th(^ 24th day of February, A. D. 1912 k * and\ was n. etumed by him to the ouse\, in which it originated within iree I days, the general assembly being in f xssion." The attfc/ney general says that in his opinion "there is nothing in the act adopting the code, or any existing or subsequent statute or act, au thorizing the code commissioner, the committee f>r the publishers to make ^ any changes in the statutes as codified and as reported to the general assembly in the years 1911 and 1912, for it will be noted from the act of 1 1912 that the code as submitted by the code commissioner of South Caro- 1 fina (which is hereto attached) is de- i clared to be the code of laws of South 1 Carolina." Continuing, the opinion says: 1 JfiL "Certain errors have been noted in i ? lii? tuuu pmiuMi uy ine iviicnie company, when compared with the two J reports of the code commissioners; 1 said errors, consisting in some in- I stances and acts which were included 1 in the reports of the code com mis- i sioners,. other - instances being a i change in some of/the statutes as re- i ^ ported by the code commissioners. In 1 such cases it is the opinion of this i office th^t the eo/de of laws as con- i X' tained in the reports of the code t \ commissioners /for the years 1011 1 and 1.012 is tho general statutory law t \ of the State, for these reports have ( been so declared, and the code as print 1 i ^ ed by the Michie company has not < been so declared by legislative enact- f ment since the printing of same. r "There is another question, it i / Ik ) ( L-^ ?? y/Negro Properly. Washington, D. C.?The bulletin on Negroes Kl the United States, soon to be issued by Director Sam L. Rogers, of the Bureau of t\je Census, Department of CemmeyCe, indicates there has been amonjf'Negroes an increasing tendency/Toward home ownership, a tnajRed increase in the per centage of/ school attendance, a pronounced dderease in the percentage of illiteracy, ~n decrease in the mortality rate, and an increase in the proportion of church membership. This bulletin, which is a special compilation of information derived from the Thirteenth Census and from other inquirie^r conducted by the Census Bureaiy brings together in one publicattum all the principal data pertaining to the Negro race which are in the possession of the bureau. The work of planning and arranging the statistical tables, as well as all the clerical work, was clone by negro employees. -o Head Off the Fly The housefly's favorite breeding place is in manure piles. Fighting the fly after it is grown is work that involves immense labor in proportion to the comparatively simple and easy uwsk oi Killing tne maggots and preventing the eggs from hatching. The most effective way of fighting flies is by fighting them in their breeding places. Write to the entomologist of Clemson for instructions in the use of powdered borax for treating manure, for fly-prevention. ? ??o? The Best Hot Weather Tonic GROVE'S TASTIJI.ESSchill TONIC enriches the Hood, builds r . the whole system and will won lerfully strengthen and fortif) yon to withstand he depressing effect of *hc hoi aumme*- 50c. O HOW'S THIS. We offer One Hundred Dollars Reward for any case of Catarrh that can not be cured by Hall's Catarrh Cure. F. J. CHENEY & CO., Toledo, O. We, the undersigned, have known F. J. Cheney for the last 15 years, and believe: him perfectly honorable in all business transactions and financially able to carry out any obligations made by his firm. National Bank of Commerce, Toledo, Ohio. Hall's Catarrh Cure is taken internally acting directly upon the blood and mucous surfaces of the system. Testimonials sent free. Price 75 cents per bottle. Sold by all Druggist Take Hall's Family Pills for constipation. plsudiciI Medicine Steoiaoh Trouble I Suffered for Several Year? Feruna Restored My Health id medicine for I ii trouble, from^wj^i ; I h I suffered v several yenrs. Pt||;; -wf??$. 'oc.l: it f-?r sev- '\ al months and .L the ond of that time found my health J$0:. was restored 'and have r""i felt splendidly ovcry? since. I nov; tnke it when I contract n cold and it soon rids the system of any catarrhal tendencies. Over Ten Years Ago. "I would not be without Peruna. Although it was over ten years ago that I first gave you my testimonial, I am of the same opinion as when I wrote it, and give you the privilege to use it as you see fit. I still use Peruna when I think it necessary. T am recommending it to my neighbors ' whenever a chance occurs." seems, in connection with the code of 1912 which deserves the consideration of the bench and bar, and that is whether the attempted adoption of the code by the act of 1912 has been done in a legal manner. It will be observed in the act, which has been quoted, that the code as submitted by the code commissioner and which is supposed to have been declared to be the only general statutory law of the State, is referred to as being attached to the act of 1912. "The act of 1912 was not approved by the governor to whom it was presented on the 24th day of February, 1912, and Governor Cole L. Blease in11 1 * * Luim? us mat one 01 tne reasons of lis failure to approve same and sign the act was on account of the fact hat the code was not attached to the ict as provided in the said act. The secretary of state, is th<y custodian of ill the acts of the general assembly. Information fro mtbe secretary of state's office is to the cfTect that the *eport of the code /commissioner or he code which was* declared to be atachod to the act, /was not, as a mater of fact, attached to the act, and hat the said repbrt or code referred ;o in the act is not no's', nor has it wer been, on file in the office of the secretary of state. The code adopted in 1002 is pn file with the act idopting the said code of 1002." .1 > I THE HORRY HE^tA SUMMONS FOR RELIEF. Complaint Not Served. STATE OF SOUTH CAROLINA, County of Horry. Court of Common Pll^eas. George J. Holliday, Plaintiff, vs. Solon Calder, Nathan Cahlor, Jim Iiuss and al and singular the other heirs at law of Ida Russ, deceased, whose names are unknown to the plaintiff, Lazarus Calder, Albert Calder, Audio Calder, and Ada Calder, heirs at law of Carrie Calder, deceased, Docia Brooks, Silas Calder, and all and singular the heirs at law of Chat Calder, deceased, whose names are unknown to plaintiff, Defendants. TO THE DEFENDANTS ABOVE NAM ED: YOU ARE HEREBY SUMMONED and required to answer the complaint in this action which has been I filrwl in i Vin nf f Ko rilr???lr /\T All vuv v/M IV v; \/i Ulic V_y IV, 1 1\ wi. tut Court of Common Picas, for the said County, and to serve a copy of your answer to the said complaint on the subscriber at his office at Conway, S. C., within twenty days after service hereof exclusive of the day of such service; and if you fail to answer the complaint within the time aforesaid the plaintiff in this action will apply to the Court for the relief demanded in the complaint. April Gth, A. D. 1915. H. H. WOODWARD, Plaintiff's Attorney. TO JIM RUSS, and all and singular the other heirs at law of Ida Russ, deceased, whose names are unknown to the plaintiff, Silas Caldcr, and all and singular the heirs at law of Chat Calder, deceased, whose names are unknown to the plaintiff, absent defendants: TAKE NOTICE that the Complaint in the foregoing stated action and the Summons, of which the foregoing is a copy, were filed in the office of the Clerk of the Court of Common Pleas for Horry County, on the Sth day of April, A. D. 1915. H. H. WOODWARD, Plaintiff's Attorney. W. L. BRYAN, (L. S.) C. C. C. P. o SUMMONS FOR RELIEF. (Complaint Served. STATE OF SOUTH CAROLINA, County of Horry. Court of Common Pleas. The M. B. Thompson Company, a Corporation, Plaintiff, vs. L. W. Ludlam, Conway Savings Hank, and Conway Live Stock Company, Defendants. TO THE DEFENDANTS ABOVE NAMED: YOU ARE HEREBY SUMMONED and required to answer the complaint in this action, of which a copy is herewith served upoi\ you, and to serve a copy of your answer to the en 1/1 Am r\l n I tl. - ?M ? i ><>iM vuii i |jiai 11 v< y> 11 CIIO SUDJSOX'lOOr ill his office at Conway, S. C., within twenty days after the service hereof; exclusive of the day of such service; and if yotf fail to answer the complaint within the time aforesaid, the plaintiff in this action will apply to Court for the relief demanded in the complaint. Dated April 9th, A. D. 1915. H. H. WOODWARD, Plaintiff's Attorney. TO L. W. LUDLUM, Absent Defendonf U1I v TAKE NOTICE that the Complaint in the foregoing stated action and the Summons, of which the foregoing is a copy, were filed in the office of the Clerk of the Court of Common Pleas, at Conway, S. C., on the 13th day of April A. D., 1915. H. H. WOODWARD, Attorney for Plaintiff. W. L. BRYAN, (L. S.) C. C. C. r. o Tobacco Dealers Complain. Washington, April 15?Representatives of independant tobacco jjobbers and retalcrs conferred last week with Attorney General Gregory about the American Tobacco Company's decision to deal only with the Metropolitan Tobacco Company in the Metropolitan t ] ? 4- * ?? f " - 1 moi/iict ()i iNOW I Ol'K. B. Wolff, for the Independant Tobacco Jobbers Association and Isaac Ochs, for the Indepepdant Retail Tobacconists' Association, claimed that sincp the American Company, one of the four concerns into which the old "tobacco trust" was undivided under the Supreme Court decree announced on January 15 last that its only agent in New York would be the Metropolitan Company, prices o 11 tobacco manufacturers had risen from .'1 to 7 per cent. The Department of Justice was asked to determine whether there had been any violation o fthe Sherman act. I LD, CONWAY, S. C. SUMMONS FOR RELIEF. Complaint Not Served. STATE OF SOUTH CAROLINA, County of Horry. Court of Common Fleas Geortre J. Hollidav. v *7 f Plaintiff, vs. Maggie J. Singleton, Fannie Tocld, A. K. Singleton, Ida Johnson, Gary Singleton, Gay Singleton, Mayficld Singleton, Effie Lundy, Charlie ' Singleton, 11 addon Lundy, Peter Bland, Thelnta Bland, Hal Bland and Welma Bland, W. J. Johnson, Rollin Johnson, W. T. Johnson, Gussie Johnson, Bessie Johnson, and Florence Johnson, Defendants. TO THE DEFENDANTS HEREINABOVE NAMED: YOU ARE HEREBY SUMMONED and required to answer the complaint, in this action. which hne Imnn filrwl in the office of the Clerk of tlie Court of Common Pleas, for the said County, and to serve a copy of your answer to the said complaint on the subscriber at his office at Conway, S. C., within twenty days after the c-cvvice hereof, exclusive of the day of such service; and if you fail to answer the complaint within the time aforesaid, the plaintiff in this action will apply to the Court for the relief i demanded in the complaint. Dated April 2nd, A. 1). 1915. H. H. WOODWARD. Plaintiff's Attorney. To Guy Singleton and Charlie Singleton, Absent Defendants: TAKE NOTICE that the Complaint i in the foregoing stated action and the Summons, of which the foregoing is a copy, were filed in 1 lie office of the Clerk of Court of Common Pleas, at Conway, S. C., on the 6th day of A *1 A TA /AiT April, jt\. Jj.' vi*). w, /I. H. WOORWARD, Plaintiffs Attorney. W. L. BRYAN, (L. S.) C. C. C. P. ORDER. STATE OF SOUTH CAROLINA, County of Horry. Court of Common Pleas. George J. Holliday, PlaintifT, vs. Maggie J. Singleton, et al., Defendants. Upon hearing tlje attached affidavit showing that the defendant, Gay Singleton, absent from the State and now a resident at Avon Park, in the [ State of Florida, is an infant above the age of 14 years and that ho has no general or testamantary guardian within this State: It is hereby ordered that C. B. Dusenbury be, and he is hereby appointed as guardian ad litem for the said absent infant Gay Singleton, and authorized and directed to appear and defend this action in his behalf,! unless the said Gay Singleton shall within 20 days after the publication of this order, as herein required, shall apply to this Court for the appointment of some suitable person to act as such guardian ad litem, or else some person applies in said Gay Singleton's behalf. It is further ordered that this order "shall be served upon the said Gay Singleton by forthwith publishing the same with the Summons for three successive weeks in the Horry Herald, a newspaper published at Conway, S. C., the same being most likely to give notice to the person to be served, and it is ordered that a copy of this order be forthwith deposited in the postolTice at Conway, South Caroi;M? 1-- ?1-- ' pi ujic-ny unciosea in an on-1 volopo and duly stamped and directed to said absent defendant at Avon Park, Florida, his last known place of residence; that the service of this order shall be deemed complete and final upon the date of the third publication thereof above directed. W. L. BRYAN, (L. S.) Clerk of Court of Common Pleas. Dated April Gth, A. D. 1015. o NOTICE. I hfjeeby forbid any person or persons t*Hf>t?e, or shelter my wife, Costa A. Hticfts, \Vho left my v home Saturday'nfghjt. Any person or persons doing so will be prosecuted to the full extent of the law*. J. II. IIUCKS. Conway, S. C., April 12, 1015. (2t-p-Apr 15) a No specific Progress was recorded at the conference last week in Peking over the Japanese demands. Questions concerning Eastern or inner Mongolia were discussed. o???? To Drive Out Malaria And Build Up The System Take the Old Standard GROVE'S TASTELESS chill TONIC. You know what you arc taking, as the formula is printed on every label, showing it is Quinine and Iron in a tasteless form. The Quinine drives out malaria, the Iron builds up tlie system. 50 cents SUMMONS FOR RELIEF. Complaint Served. STATE OF SOUTH CAROLINA, County of Horry. Court of Comnion Pleas. The M. B. Thompson Company, a Corporation, Plaintiff, vs. W. H. Grissett, Defendant. TO THE DEFENDANT, W. H. GR1SSETT: YOU ARE HEREBY SUMMONED I and required to answer the complaint in this action, of which a copy is herewith served upon you, and to serve a copy of your answer to the said complaint on the subscriber at his office at Conway, S. C., within twenty days after the service hereof; exclusive of the day of such service; and if you fail to answer the complaint within the time aforesaid, the plaintiff in this action will apply to the Court for the relief demanded in the complaint. Dated April 8th, A. D. 1915. H. H. WOODWARD, Plaintiffs Attorney. TO W. H. GRISSETT, Absent Defendant: TAKE NOTICE that the Complaint il- e ... iii me ioregoinjy stated action and the Summons, of which the foregoing is a copy, were filed in the office of the Clerk of Court of Common Pleas at Conway, S. C., on the 9th day of April, A. D. 1915. H. H. WOODWARD, Plaintiff's Attorney. W. L. BRYAN, (L. S.) C. C. C. P. o SIMMONS FOR RELIEF. Complaint Not Served. STATE OF SOUTH CAROLINA, County of Horry. Court of Common Pleas. Farmers & Merchants Bank of Con way, a Corporation, Plaintiff, vs. Sylvia Friarson, David Faison, Hamp Durant, Eliza McRay, Lilly Cooppcr, Mi't Johnson, Peter Brown, alias Peter Logan, Minnie Durant, Tooga Durant, and all and- singular' the heirs at law of Hamp Durant, 1 John Durant, Bessie Durant, Henry Durant, and George Durant, the names of Whom are unknown to Plaintiff, Henry Lance, Sealey Lance, CufTie Lance, Maggie .Durant, Etta Durant, Dodc Durant, and Bubba Durant, Defendants. TO THE DEFENDANTS ABOVE j NAMED: YOU ARE HEREBY SUMMONED and required to answer the complaint in this action, which has been filed in the office of the Clerk of Court of Common Pleas, for said County, and to serve a copy of your answer to the said complaint on the subscriber at his office at Conway, S. C., within twenty days after the srvice hereof exclusive of the day of such service; and if you fail to answer the complaint within the time aforesaid, the plaintiff in ths action will nnnlv in r V V" V..V Court for the relief demanded in the complaint. z Dated March 18th, A. D. 1915. H. H. Woodward, Plaintiff's Attorney. To I)ode Durant, David Faison, Ham Durant, Peter Brown, alias Peter Logan, Etta Durant, Maggie Durant, Ludie Lance, and Sealy Lance and all and singular the heirs at law of Ilanip Durant, John Durant, Henry Durant, Bessie Durant and George Durant, whose names are unknown to plaintiff, absent defendants. Take notice that the complaint in the foregoing stated action and the summons of which the forgoing is a copy, were filed in the office of the Clerk of the Court of Common Pleas for Horry County on the 26th day of March A. D. 1915. W. L. Bryan. H. IT. WnJwowi C. C. C. P. (L. S.) Plaintiffs Atty. <> ,s\ STREET TAXES. All persons who have not paid their street taxes will please do so at once, as the time expires on April 15. L. It. Ambrose, Chief of Police. _ o ?< STRAY NOTICE. On April the 5th there came to my place one red male calf with white in face and white hine legs. I would judge it to be one and a half or two months old. Owner can set same by paying expenses. tvillLj 14V VV. JUNKS, Apr 15, 15 Juslicc, S. C. o OseaY Straus, of Now York, American repi'b^ontat ivo at The Hague Tribunal, called on Secretary Bryan Friday but declared his visit had no especial significance. PAGE THREE DE^Tj^VERMm ^^cqrn'3 I Best rat nnd mien. exterminator made, J Kills quiekly and absolutely wit bout odor, t Mumuiilles?thus preventing docoinpoatI tion. Bettor than all the traps In the I world. Insist on f.onulne RAT CORN. I 2T>c, 60c, ?1 at dealers or by mull, i>08fc? \ ' BOTANTCAL MFG. CO. 4th & Race Sts.. Philadelphia? Ptu I II H. H. WOODWARD, Attorney and Counsellor at Lawt CONWAY, S ~ HAL L. RUCK, * * Fire Insurance Office Conway National Bank Conway, - - - S. C. R. B. SCARBOROUGH Attorney at Law, CONWAY. S. C. LUMJUNG LAUNDRY, CONWAY. S. C. Beginning July 1st. 1913 All persons must take tickets for work left here. Possitively no work delivered until ticket is presented. Laundry not called for in 30 days will be sold for charges. LUM JUNG * WILLIAM EUGENE KING, M D Physician and Surgeon Office in Piatt Drug Co. AYNOR,. - - - S. C. - % CHICHESTER S PILL$ tiik diamond hrand. a ' / I'M'mI A?k y??ir Uruttglnt fo? AA * tfhoadcr'a ">iiwnon?TT?rund/V\\ 'o1*III!* In lte?i and Oold inrtallkA^## boxes, nealed with Illue Ribbon. V/ JM Take no othi*r. Itur of jour . 1/ - flP Drunortst. .. k i r <111.< IIKH.TEK ^ \ ( ? Jf DIAMOND r.llANh IMLLS, for tt?! vv n years kuowh as Uest, Safest. Always Koltabt* *?r S010 3KIWEIIGGISTS EVERYWHUtL ? -o * J. M. JOHNSON, CIVIL ENGINEER Marion, S C. Railroad, City and Land Suneyinu and Drainage. Road-building n Sewers Draughting and Blue Printing W C SINGLETON attorney at law Conway, S. C. Office up Stairs Buck Building D A Spivey & Company [On "THE CORNER" In peoples'national Bank bl'BS ? Bonds Fire Life And AIL.. vtuvr [INSURANCE. D. A. SPIVEY. W. B. KING CHAS. R. SCARBOROUGH, Conway, S. 0, Complete Waterworks, Steam, Hotwft. ter and Hot Air Heating Piania INSTALLED ANYWHERE t-1 Only Plumbing and Heating gooda aad material of highest quality used. Full line of Tub, Toilet, Lavatory Sink and other Bathroom \ rr j? and repairs on hand at all Plumbing and Heatte, PUT WATER AND HEAT IN YOUR HOUSm 11 11^ T. B. LEWIS, Atty. and Councellor at Lav CONWAY, - - - S.C. The ground to the west of the now shattered town of Neuve Ohapelle, Franco, from which the British drove the Germans a month ago with such terrible loss of life for both sides, literally is cobbled with German skulls.