The Horry herald. (Conway, S.C.) 1886-1923, January 13, 1916, Image 1
*
* VOLUME XXX.
i IAST CHAPTER IN
' SEMINOLE CASE
I ^ Willie Jones, T. S. Bryan and
W. A. Clark Absolved of
Wrongdoing
BREACH OF TRUST
I + CHARGE DISMISSED
I Plaintiff Stockholders in CcmP
pany Held to Have Been
ft Passively Responsible.
jly* Columbia.?The Supreme Court of
I South Carolina has rendered a decis
I ion winch is very probably the last
legal chapter to be written in connection
with t^e celebrated Seminole Securities
ca^e. The court in a decision
absolved Willie Jones, T. S. Bryan
I and W. A. Clark, trustees of the
| company, and well known business
I * men of Columbia, from wrongdoing in
connection with a case that claimed
attention of the people of the State
for several years. The majority opinion
was written by Associate Justice
Gage and occurred in by Associate
Justice White. Associate Justice
Fraser wrote a dissenting opinion.
The action was brought in Richland
^county by J. S. Ivlugh, T. J. Crymes,
J. L. Watson and J. F Dal ton against
the officers and trustees of the Seminole
Securities Company and several
banks in the State.
"Remotely it is," says the Supreme
Court, "are the defendants Clark,
Jones, and Bryan, personally liable to
I the stockholders of the Seminole Se:?
n *
I.*-urines company lor $;-J,UUU Tor a
^breach of trust. The cirtuit court
found they were not, and we agree."
The court in its decision docs not
go into a full history of the defunct
company, but only recites the cardinal
features as affecting the defendants.
The company was chartered Jan. 8,
1^08, with a capital stock of $",00,000.
The enterprise ran its whole career
* within twelve months. The court says
that the plaintiff stockholders are
amongst those who undertook to hoist
the enterprise. "It is time," says the
opinion, "Garlington and his immediate
associates were the initiators of
the scheme. But the plaintiffs and all
the stockholders stood by like Saul
consenting to the death and they are
*}.hose now complaining against Clark,
Jones and Bryan, because the scheme
failed."
"Hot Air Balloon."
The court ?avs that there is no allegation
that Messrs. Clark Jones or
Bryan held any stock or took any
hand in the suggestion of direction
, <^f the Seminole Company or received
any compensation. The opinion concludes
as follows: "We conclude, the
stockholders of the Seminole, the
plaintiffs amongst them, got up
the corporation, set it going and named
the directors. It was on its face,
a balloon floated by hot air. These directors
who made the contract with
^the trustees had the power to modify
it, to buy stock in an existing company,
instead of organizing a company,
and to permit the trustees to
take a part, and not all of the stock
of an accident company. If the stockholders
in the Seminole have been deceived,
it has been by the action of
men they put forward to represent
them, to it Garlington and his confederates.
The event proves that
M,hose hitherto unknown and untried
men hoisted a scheme which neither
their stockolders nor trustees understood
and which but for the timely initiative
of the plaintiffs themselves
I and the bold action of the court to
which they went, might have wrought
serious, damage. The judgment of
tMf> circuit is affirmed."
Concerning the alleged effort to
mislead the public, the decision says:
"That is to say, the president and directors
of the Seminole Company, the
managing officers, put forward Clark,
Jones and Bryan to mislead the public
but the stockholders put forward the
j managing officers ag their representatives
and the scheme of these managers
was thus made possible by the act
of the stockholders. The stockholders
vouched for Garlington. May they
(the
*
"H
G
PLAN ENDORSED BY
TWO MORE COUNTIES
. Project to Build Highway to
Coast Moving Forward
Rapidly..
(Florence Times.)
Both Georgetown and Sumter
Counties have endorsed the project to
(connect the eastern, counties of the
: State more closely with Charleston
by a splendid highway suitable for all
kinds of travel. Mr. .1. B. Morrison of
MeClellanville, who is the leading
spirit in the enterprise, was in Florence
during the Pee Dee Fair-, and discussed
the matter thoroughly with a
number of the leading business men.
A resolution endorsing his plan was
passed by the Pee Dee Fair Association.
Meeting at Georgetown.
Mr. Morrison was in Georgetown
yesterday to promote the highway.
He met a company of leading businessl
r\nf?r?lo f ntroflior \it! f V-> tV>n Knnr/1 nf
County Commissioners and outlined
i his plans. The road will have to
'
cross two rivers?North and South
Santee. ^
One Bridge a Draw.
The South Santee will require a
bridge twelve hundred feet in length
This river is shoaly and not of sufficient
depth to be naviagble, and for
these reasons it will not be necessary
! to have a draw bridge. The North
Santee will require a bridge of four
hundred feet. This bridge must be a
draw bridge, the river being navigable.
The delta between the rivers
is one mile in width and the road
through this must be built up. On the
Georgetown side a splendid road has
been constructed to the North Santee.
The principal expense of this highway
will be in connection with the
; construction of the river bridges. The
distance between Charleston and
Georgetown by the road will be sixty
miles. It will mean a great deal to
Georgetown and all the Pee Dee country
to be able to go to Charleston by
this direct route, instead of having to
I go through Columbia. It will bring
i tourists who travel by auto from the
j North along a much better route and
through a more picturesque country.
o
RIOTERS DRIVEN BACK
I
Turbulent Mob Subdued by Force,
After Looting and Burning
Village.
East Youngstown, O.?Driven back
, by an iron ring of bayonets in the
hands of Ohio guardsmen, the steel
mill strikers and their sympathizers
tonight were in hiding in the hills
surrounding the city or else in their
homes in the village.
Late this afternoon a nnob formed
just outside the plant of the Youngstown
Sheet & Tube Co., and made an
attempt to attack the mills. Two
companies of militia on guard there
fixed bayonets and forced the crowd
back through the burned section of
the town and dispersed it.
While the city is not under martial j
law, Brig. Gen. Speaks, in charge of
two regiments of guardsmen, virtually
is in charge of the town's affairs.
Saloons have been closed here and in
the rest of the county. The guardsmen
have formed a ring of steel
around the wrecked section of the city
and the sheet and tube company's
| plant.
Late in the afternoon a report was
circulated that rioters planned an attack
upon Struthers which up to that
time had not been guarded by the soldiers.
A posse of 200 citizens was
armed and guarded the bridge from
this <'it,v tr? St ruth
^ u ^ v. v?vitv/ & 1 1. VUUI U1
dynamite was fixed under the bridge
ready to destroy the span should such
action be deemed necessary to prevent
the rioters from entering the
village. t
o
.S. M. Anderson, formerly of Adrian
in this county, but now of Wilmington,
N. C., where he occupies an important
position, left the latter part
of last week for Wilmington, N. C.,
after spending several days near here
visiting friends and relatives.
now say MM* Bryan could
not? If thererfotoe- tlftose stockholders
have been caught* it is ift trap of fheiit,
own setting."
/
Wimv
ORRY COUNTY AND HER PEOPLE,
IONWAY, S. 0., THURSDAY, J A
"JOHN, I INSIST THAT YOU AND W
? . i- *1 *' *
-^/I? willl
PEE DEE JURIST I
FOR SUPREME BENCH
Judge Chas. A. Woods Mention
ed For Justice Lamar's
Place on Bench
Washington.?Among the names
which President Wilson will probably
consider in filling the vacancy on the \
United States Supreme Bench caused
by the death of Justice Lamar is that
of Judge C. A. Woods, of Marion, S.
C., who is now a member of the Federal
Circuit Court for the 4th judicial
district. The 4th district has not had
a representative on the Supreme
Bench for over fifty years and South
Carolina has had none since 1804.
Senator Overman, of North Carolina,
who has been mentioned for the
vacancy, today issued a statement declining
to allow his name to be presented
to the President, declaring that
he felt himself to be much better
juippod to represent his State in the
Senate.
I
There is a good deal of North Carolina
support for Judge W. A Allen, of
Goldsboro, a member of the Supreme
Court of the North State, and Senator
Simmons and Overman may discuss
him with the President.
Statement of tf
THE CONWAY
Conway, S. C.,
Business Dec
PESO I
Loans and Discounts,
Overdrafts,
U. S. Bonds to secure circulation,. . . .
Bonds,
Banking House,
Furniture and Fixtures,
Cash on hand and in banks,
Redemption fund with U. S. Treasurer,
Stock in Federal Reserve Bank,
Other real estate owned
Collections,
LIABIL
Capital Stock,
Surplus
Undivided Profits,
Individual Deposits
Time Certificates of Deposit
Cashier's Checks
Circulation,
Bank Deposits,
STATE OF SOUTH CAROLINA,
County of Horry.
I, Will A. Freeman, Cashir
ly swear that the above statement is tr
belief.
Subscribed and sworn to
1916.
J. Mc
fi S?
FIRST, LAST, NOW AND FOREVER
lNUARY 13, 1916.
ILLIAM PLAY THE SAME TUNE."
1
V\
? Nelson in St. Paul Pioneer Press.
LAYMEN'S MEETING
AT BAPTIST CHURCH
D Mnnn 4- 4- i ? i /> r? /\ ^ I I f"\ AM ^ ?
ncjji ebtjiuciuvea ui an uunuminations
to Gather Friday
Afternoon and Night.
At the Conway Baptist Church, on
Friday afternoon at three o'clock
there will be a meeting of all Laymen
Committees of all denominations in
Horry County. The purpose of this
meeting is to discuss the Laymen's
work in general and to get things in
shape for the Columbia meeting
which is to he held on the Gthe to 9th
of February.
The committees will meet separately
for one hour at which time they
will lay plans for the year as to their
own work, after which they will all be
called together in the main auditorium
of the church and discuss matters
together.
The night session will be a publicone
and all are invited to attend.
Speakers have been chosen for the occosion,
with an interesting program.
It is hoped that all the people in town
and others who can will attend this
meeting. At this meeting delegates
will be elected to the Columbia meeting.
For further information attend
the meeting Friday night.
J. C. SPIVEY,
County Chairman.
ie Condition of
IATIONAL BANK,
at the Close of
31, 1915.
TRCES
$183,58-1.55
90.81
100,000.0(1
6,000,00
18,200.00
2,800.00
107.524.5V
5.000.0C
3.000.00
.. .. .. !! .. !! .!!! .. 5,185.9,
2.711
$ 131,394.42
ITIES
SI 00,000.01)
1,750.00
858.32
158,378.42
59,305.1(1
4,302.52
; ... 100.000.00
0,800.23
$431,391.42
t of th<5 above named bank, do solemnue
to the beat of my knowledge and
WILL A. FREEMAN, Cashier,
before me this 10th day of January,
:C. MARTIN, Notary Public, S. C.
rut (I.
> 99
HORRY COUNTY BOY
IS RECOVERING
Has Spent Several Weeks at
Hospital in Richmond,
Virginia.
Frank Loc\ the six yeaK old son of
Mr. ami Mrs. T. A. Lee of Thompson.
S. at last accounts was rapidly recovering1
from a skillful operation
performed on him in a hospital in
Richmond, Ya. This little hov was in
a serious condition, with his limbs
drawn by rheumatism or other disease
when he was sent to surgeons in
Richmond. l>y a delicate operation
and grafting skin from one leg to the
other, he was placed in position to recover
and have the use of his members.
The last report from the attending
physician was to the etFect that he
could come home in a few more weeks
o
onmw/av i nnnc u*c
UUIl TV M I LUUUL 1IHO
A SWELL BANQUET
'
Last Friday evening there was a
banquet given by the Conway Ancient
Free Masons at their hall in the
Collins building. The number of
plates was one hundred and sixty and
the menu consisted of oysters, fruit
salads, roast turkey, coffee, olives
pickles, cranberries, celery, cake and
fruits. Members of the order with
friends gathered for a social function
and the banquet was indeed a success.
Toasts were proposed and responded
to as follows:
Mr. E. S. C. Baker acted as toast
master of the occasion, and toasts
were responded to by the following:
The Nation, the Hon. Robert B. Scarborough.
The State, Col. D. A. Spivn,'
n.??. o II.., i * ?-- '
I . v. vui i oi-niuur nai iduck.
Our Order, Col. C. P. Quattlebaum.
What Our Order Means to Our Order,
the Rev. E. L. McCoy.
PLAINTIFF WON OUT
IN MAYNARD CASE
In the magistrate court here last
Tuesday, before Magistrate W. H.
Chestnut, the plaintiff J. Sid Bellamy
won in his proceedings 'against S. W.
Maynard for vacation of the farm at
Wortham's bridge which had been
leased by Maynard from Bellamy for
i the term of five years beginning Jani
uary 191 f>. The summons as issued
charged that Mr. Maynard had failed
to pay his rent according to the terms
of the lease and after hearing proof
on both sides of the case, the magistrate
decided in favor of the landlord,
as it appeared that Mr. Bellamy had
been compelled to resort to legal process
to collect his rent for 1915 and
had not succeeded in getting his mon,
ey. Both sides were represented by
attorneys.
FERTILIZERS WILL
RE VERY SCARCE
The outlook for fertilizers this
Spring is gloomy. Local dealers are
1 discouraged and will not be able to
J make arrangements to furnish fertilizers
as usual on account of the high
i prices of the ingredients that it takes
1 to make them. Each unit of per centage
of potash added to the fertilizer
increases the cost at the rate of eight
; dollars per ton. Cotton seed meal j
jand ush scrap products may bo ob- J
tainod, but thev will cost more than
I *
, usual it is said.
1 This condition may turn out best
1 for the far mors in the long run as
they will learn to depend more and
more upon homo made products and
. perhaps be able to make a better pro!
fit out of what they raise than they
would otherwise do after paying the
large fertilizer bills.
This cqndition of affairs has been
brought about by the European war
in Europe, and the conditions will not
' likely change until the great war is
over.
I
NO. 39.
BUILDINGS BURNED
AT LITTLE RIVER
Circumstances Show That
Crime of Arson Was Undoubtedly
Committed
DWELLING AND TWO
STORES BURNED UP
Fire Discovered Too Late to
Prevent Total Destruction
of Property.
Last Thursday night witnessed the
first fire that has occurred in the
Little River section for some time.
One dwelling and two store houses
belonging to the Livingstone estate at
Little River village were totally lost
as a result of the fire. One of the
stores was occupied by Mr. Claade
Livingstone and he lost his entire
stock of merchandise. The other
store building just across the road
which ran between the two buildings
contained a lot of feed stuffs which
were also lost.
The dwelling was occupied by Thad
Edwards and his family. Mr. Norman
Cooper happened to be up at the
time and seeing the fire awakened
the sleeping inmates in time for them
to escape from the burning building
He was assisted in this by Mr. Moore
Thompson. Most of the furniture and
household belongings of the family
were saved by means of quick work.
The fact that the three buildings
were'apart and all burned up at the
same time shows that it was the work
of a criminal who acted from ill will
or spite. The stores are on the public
road while the dwelling sets back on
an avenue leading to the river front
They were set at the same time and
no doubt by the same hand.
o
WASHINGTON FINDS
TONE MUCH BETTER
Washington, Jan. 8.?Encouraged
by the conciliatory attitude shown by
Germany and Austria in recent dipStates,
oflieials are considering requesting
a definite and comprehensive
statement pledging not only Germany
but all of her allies to respect
in the conduct of their sea warfare
the guarantees as to the safety of
American life for which this government
lias contended.
President Wilson is being urged by
some of his close advisers to ask the
Germanic allies for definite assuances
that no unarmed ships with
Americans aboard shall be destroyed
by any of them until the passengers
have reached a place of safety. The
president is said to look with favor
upon such a proposal, but has reached
no decision. In any case he probably
will take no steps until details of
pending negotiations have been cleared
up. .
Oflieials are gratified over Germany's
latest note on the destruction
of the American ship William P.
Frye, because of its acceptance of the
principle that the mere placing of non
combatants in lifeboats before a prize
is destroyed is no't a sufficient guarantee
of safety.
Solution Seems Near.
This concession, coupled with the
offer to pay indemnity for the T.us!tania
victims and Ambassador von
BernstorfT's assurances regarding the
conduct of German submarines in the
Mediterranean, has contributed
greatly to the feeling that a solution
of the entire problem might be near
at hand.
o
If you are not reading the Diamond
From the Sky, you are missing
a fine story and a good literary treat.
It was selected out of thousands submitted
in a great contest. It is better
than we expected it would be. Keep
up with it from week to week. See it
in moving pictures.
o
The weather was warmer again by
the middle of last week.